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THIRTIETH GENERAL ASSEMBLY. 



ILLINOIS 



LEGISLATIVE HAND-BOOK, 



COMPRISING 



F R M S , RULES, L A W S , 



AND OTHER 



INFORMATION FOR MEMBERS AND OFFICERS 



30TH GENERAL ASSEMBLY. 



BY .IAS. K. MA(i I K- 







5^- 



SPRINGFIELD: 

• R II 1 4 ( o. PR 1 NTKRS. 









Entered according loActol Congress ... I 
.1. K. KAXHE, 
In the office of the Libra ' D " °' 



^ 



LEGISLATIVE 1 1 AN" 1»- HOOK.. 



CALENDAR FOR 1877. 




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LEGISLATIVE IIAXD-BOOK. 



STATE OFFICERS. 



!.• >\ BRNOR, 

SHELBY M. CULLOM, 
Springfield, Sangamon County. 

I.l BUTENAN1 ' >K, 

ANDREW SHUMAN, 

r. \ anston, Cook County. 

SECl F" STATE, 

GEORGE 11. HARLOW, 
Pekin, Tazewell County. 

AUDI I <)K OF i'l BLH tCCOl NTS, 

THOMAS B. NEEDL1 
Nashville, Washington County. 

1 K I \M R] R 1 

EDWARD RUTZ, 

Belleville, St. Clair Count) . 
\ l i > »K\ I Y -GENERAL, 

JAMES K. EDSALL, 
Dixon, Lee County. 

SUPERINTENDENT OF PUBLIC INSTRUCTION, 

SAMUEL M. ETTER, 

Bloom in^ton. Me Lean County. 



LEG IS LA T I V E 1 1 A N D- B< )OK. 



ILLINOIS MEMBERS OF CONGRESS. 



Dist Forty-Fourth roD^ress 


Politics. 


Forty- Fifth Coi jj 


Politics. 


1. Bernard G. Caul field... 


Dc m . . . 


William Aid rich 


Rep. 


2. Carter 11. Harric 


Dem... . 


Carter II. Harrison 


Dem. 


3. John V. Le Moyne 


Dem 


Lorerzo Brentano 


Rep. 


ephen A. Hurl but... 


Rep.... 


William Lathrop 


Rep. 


5. Horatio C. fJurcbard.. 


Rep.... 


Horatio C. Burchard . . 


Rep. 


6. Thomas J. Henderson.. 


Rep.... 


Thomas J. Henderson.. 


Rep. 


7. Alexander Campbell... 


Ind 


Philip C. Hayes 


Rep. 


8. Greenbury L. Fort 


Rep. .. 


Greenbury L. Fort 


Rep. 


9. Richard II. Whiting. . 


Rep. .. 


Thomas A. Boyd 


Rep. 


10. -Toon C. Bagby 


Ind 


Benjamin P. Marsh 


Rep. 


oil Wyke 


Dem.. . . 


Robert M. Knapp 


Dem. 


12. William M. Springer.. 


Dem.... 


William M. Springer.. 


Dem. 


13. AdlaiE. Stevenson 


Ind 


Thomas F.Tipton 


Rep 


14. J< Bepta G. 1 




b G. Cannon 


Rep. 


lea 


Dem... . 


John R. Eden 


D..ra. 


L6. Wm. A 


Dem,.. . 


Win. A. J. Sparks 


Dem. 


17. William R. 


Dem.... 


William R Morrison.. 


Dem. 


IS. William Hartaell 


Dem.... 


William Hartzell 


I)( in. 


19 William B. And' I 


Ind 


Richard W. Townshend 


Dem. 



LEGISLATIVE HAND-HOOK. 



STATE BOARD OF EQUALIZATION. 



Dist 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 
LS. 
14. 
15. 
16. 
17. 
18. 
19. 



Names. 



Politics. 






nnty. 

(ook. 



James Morgan Rep Chicago 

Conrad L. Neihoff I Km... " M 

Samuel B. Chase Rep M M 

Henry E. Hunt Rep Dundee K ai -■ 

Edward B.Warner Rep ... Morrison White* 

Henry A. Alnswortn Rep — Ifollne Rock Island. 

Amos Savage Koj> . . . Lockport Will. 

Clinton 0. Campbell Rep ... Kankak 

Talmadge J. Hale Rep Qalesb.nrg...... Knox. 

Robert J. Cabeen Dem.... BLeithabnrg . . . . Mei 

Levi T. Whitesidea Dem — Whitehall 

Edward Scott Dem Jacksonville 

John N. Anthony Rep Washington Tazewell. 

William T. Moffat t Rep.... Decatur Macon. 

William Gil more Dem.... I QUogham. 

Ephraim M. Gilmore Dem — Litchfield Montgomery 

Frederick Sunklc Dem.. . Belleville St. Clair. 

John S. Crum Rep Vienna Johnson. 

Valentine S. Benson Dem.... McLeansboro .. Hamilton. 



LEGISLA T I V B J I A N D- BOO K . 



BOARDING PLACES. 



Members and others attending upon the Legislature, 
may find good rooms and board, with private families, 
atthe following places: 

Mrs. Campbell, east side of South Fourth Street, 
between Edwards and Cook streets. Pleasant family 
and good location. 

T. F. Fleming, 439, West Edwards street. Pleasant 
rooms, and first class board. Conveniently located near 
the State House. 

Mrs. G. C. Cole, 415, North Fifth street. Rooms 
well furnisher], and containing stoves and gas jets. 

T. II. R a inky, 408, South Fourth street. Four room- 
conveniently located. 

Mrs. M. A. Garland, 422, South Fifth street. Good 
accommodations for four or i\vc gentlemen boarders. 
Mrs. Million, jo8, N. Fifth street, near Madison. 



LEGISLATIVE HAND-BOOK. 



CONTENTS. 



♦ ♦ 



] AG! 

Rules of Proceeding [3 

General Rules—- Parliamentary Practice 

Laws Relating to the Legislature 

Rules oi the State Library 

Constitution oi Illinois 68 

Constitution of United States 116 

Rates ot Postage 

New State 1 louse 135 

Rules of the Senate 145 

Rules of the House 155 

Joint Rules of Senate and I louse 165 

Members of the Senate 

Members of the House 1 70 

Official Vote Ij6 



LEG I SLAT I VE HAND-BOOK. 



PREFATORY REMARKS. 



I have been induced to prepare this publication from a 
belief that at lea-t some of the information it contains 

will be found of much use to members of the general 
assembly and their officers. The people of this state, at 
the election tor members of the legislature, are disposed 
to make sweeping changes, and it is an exceptional case 
when a member is re-elected. Hence it is that most of 
the members come to the capital seeking information in 
modes of procedure in legislative practice. Other 
states have authorized, by law, the publication of 
Manuals similar to the one here presented, which are 
furnished to members as an aid and a guide in legisla- 
tive proceedings. This publication has been very hastily 
prepared, and is issued at this time in order that the 
matter of a similar biennial publication may be duly 
considered by the general assembly, and authorized if 
irded with favor. A bill was introduced at the last 
on providing for the publication of a Legislative 
Manual, but it received little or no consideration, from 
the fact that but few comprehended the scope or the 
utility of the publication proposed. The authority for 
such publication should be conferred upon the Secretary 
of State, and he will then be able, upon the arrival of 
member- elect in the city, to place in their hands such 
rmation as will I s eat help in the organization 

II as in Other modes of procedure. 

A 2 



IO LEGISLATIVE HAND-BOOK. 

The book should also contain a variety of such statistical 
information as may be of use in forming judgment upon 
matters to be legislated upon. This book is meagre 
compared with what it should be. I could not under- 
take to produce a book of the standard required without 
some guarantee of recompense for my labors, or for ex- 
penses incurred. As it is, I have been at no little 
pense in the preparation of ibis volume, with the 
chances largely against me of receiving my money 
back. But having been tor eight years a Clerk in the 
Legislature I have felt the need of a publication like 
this. I have seen the House organized when all the 

preliminary work fell upon two or three persons who 

happened to be posted in the modes of procedur- 

have seen officers of the Legislature elected wlmn' first 
business was to hunt up old officers <>r old members to 
learn the intricate points iu their duties. I have known 

clerks to proceed for weeks upon some false system, 
only to learn by experience what a book of this nature 
might teach them in a few minutes. The experience of 
ages has operated to establish certain rules and prin- 
ciples in legislative practice, which, when know p. 
valuable guides to rapid and harmonious action. It is 
not, however, to be expected that even the wise and the 
learned can know all the rules and principles applicable 
in a particular Legislature without special instruction. 
As constitutions 'and laws vary, so do modes of pro- 
cedure vary, and this book recognizes the customs and 
precedents which have become established in this State. 

It is the practice in some of the States to make the 
Clerk of the House a salaried officer, by the vear. who 
has charge of all the preliminary work and also of the 
subsequent work necessarily attendant upon the L< 
lature. The preliminary work pertains to the prepara- 



LEGISLATIVE HAND-BOOK. II 

tion of blanks, books, papers, and all such articles as an 
experienced officer will know arc essentia] in the proper 
procedure of a Legislature. When there is a guiding 
mind, invested with proper authority, the work of 
preparation may not only be thorough, but it may have 
system, correctness, and adaptation, running through 
all subsequent proceedings. As it is, the newly elected 
officers ;ire often obliged to work at a disadvantage until 
they can be supplied with such blanks, blank-books, and 
other articles necessary in the proper performance of 
their duties. 

The work of a clerk subsequent to the session pertains 
to the preparation, indexing and publication of the 
journals of the two houses and also to the riling away 
in proper order of the papers, books, etc., of the House. 
No person can be more competent to perform these 
duties than the Clerk of the House. I make these 
remarks and suggestions because I have thought that 
hitherto there ha- been too little system and organiza- 
tion in the clerical work of the two houses, resulting in 
blun id complications, and often in expensive 

litigation because of imperfection in the records of the 
journal. It must necessarily be so when there is no 
permanent officer to gather, preserve and apply the 
wisdom of experience in all the varied and complicated 
duties of the clerk of a legislative bodv. 

In this publication I have made reference more 
ially to proceeding- in the House. It would only 
be repetition to vr the same procedure for the 

ate. 

A limited number of this edition is issued in advance 
of the 01 the general assembly for prior 

the ofl re elected, the commil 

app< and the n ■• edition neatly and 



12 LEGISLATIVE HAND-BOOK. 

handsomely bound will be immediately issued containing 
the list of standing committees, officers, rules, and such 
other information as shall be deemed proper or essential. 
The list of members, with ages, nativity, occupation, etc., 
is incomplete, but in the next edition will be thoroughly 
revised and corrected; and to this end it is requested thai 
members will cordially assist in giving to the publisher 
all necessary information that may he called for. A 
column has been left in which to insert the boarding 
place of each member after the ^imc shall have been 
selected. It is often the case thai members are sen! 
on important business, and telegrams arrive, and their 
whereabouts unknown, hence the necessity of this 

column. 

}. K. M. 
Springfield, Dec. 30, 1 v 



RULES OF PROCEEDING 



LEGISLATURE 



ST^TIE OF ILLI1TOIS. 



Preliminary to Organization. 

The members elect to the General Assembly usually 
arrive in the capital city a few days prior to the day fixed 
by the Constitution for their meeting. This time is 
occupied in making acquaintance, looking after rooms 
and board, and canvassing for the officers of the two 
Houses. 

The House and Senate meet independent of each 
other in party caucus. The time of meeting is usually 
the evening previous to the first day of the General As- 
sembly. Notices are posted at the leading hotels, giving 
time and place of meeting of the different caucuses. 

The chief business of each caucus is to lay out a line 
of action by which it agrees to be governed in the tem- 
porary and permanent organization of the House to 
which it may belong. Candidates for the various offices 
are selected, and a committee on temporary organization 
appointed. This committee will meet the next morning 
and arrange a programme for the day. If precedent be 
followed, the committee will select temporary officers, 
and will also designate the members upon whose motion 
they shall be nominated. The dominant party will take 
care to have their temporary candidates duly notified in 
order that they may be prepared to enter at once upon 
their duties, when elected. 
— B 



14 RULES OF PROCEEDING 



T emporary Org a nization. 

Each House will meet at 12 o'clock, noon, as required 
by Article IV, vSection 9, of the Constitution, which is 
as follows: 

The sessions of (bo General Assembly shall commence at 19 o'clock, noon, 
on the Wednesday after the first Monday in January, in the year next 
ins: the election of member* thereof, and at no other time.'nnless as pro- 
vided by this Constitution A majority <>: the members elec 
House shall constitute a quorum. Bach House shall determine the r 
its proceedings, and BhaJl be the judge of the election, r-t urns and qualifica- 
tions of is member- ; shall choose its own officers; and tin- Senate shall 
choose a temporary President to preside when the Lu-utt-nani Governor 
shall not attend as President, or shall aet a- Qoven or. 
State shall call the House of Representatives to order at the <>p<-i 
each new assembly, and preside <>\er it until a temporary presiding 
shall have been chosen and Shall take his seat. 

The House comes to order at the call of the Secretary 
of State; and, if a Chaplain he present, prayer is then 
offered. The Secretary of State, who, in the opening 
proceedings is accompanied by his Clerk, then directs 

him to call the roll of members elect, and each member 

elect as his name is called will rise and answer u H< 
The Secretary of State will then inform the House 
that he is prepared to entertain a nomination for 
a temporary presiding officer. The chairman of the 
caucus committee on temporary organization, of the 
dominant party, will then rise and place in nomination 
for temporary presiding officer the name of the member 
who may have been agreed upon for that office. It is 
not usual for the minority party to present any candidate 
for temporary presiding officer. If no party has a ma- 
jority, and no previous agreement is entered into in regard 
to temporary organization, then a useless contest may 
ensue, which all parties would do better to avoid. 

A presiding officer haying been chosen, the Secretary 
of State will then name a committee to wait upon the 
person chosen and conduct him to the chair. This duty 
being performed, the Secretary of State welcomes the 
presiding officer and introduces him to the House as the 
officer they have chosen, and immediately vacates the 
chair. The presiding officer, who will now he re 
nized as "Mr. Speaker," greets the House with such 
remarks as may befit the occasion, and will then an- 
nounce that nominations for temporary Clerk are in 



TEMPORARY ORGANIZATION. 



order. A member from whose district the person 
agreed upon for temporary Clerk has been chosen, will 
then rise and say — 

Mr. Speaker : 

The Speaker responds — 
The gentleman from — {naming his county 

The member then proceeds — 

I have the honor to place in nomination for the office of tem- 
porary Clerk of this House of county. 

The nomination being seconded, the Speaker will then 
rise and put it to vote, and declare the result. 

The Speaker then says — 

Mr. having been elected temporary clerk of this House 

he will please come forward and assume the duties thereof. 

The Clerk then comes forward and is presented to 
the House as their temporary Clerk. 

The Speaker then announces that nominations for 
istant clerks and doorkeepers are in order. 

To save time, a resolution embodying the names of 
temporary officers and the respective offices for which 
they arc named, may be prepared, and a member, who 
has been designated by the caucus committee, will then 
and address the Speaker, and, having been recog- 
nized, will say : 

I desire to offer a resolution naming temporary officers, and 
move its adoption. 

The Secretarv of State having appointed a requisite 
number of temporary pages, one of them will take the 
resolution to the Clerk's desk. 

The Speaker will say — 
The Clerk will read the resolution: 

The Clerk having read the resolution, and the mo- 
tion for its adoption having been seconded, the Speaker 
will rise and put the same to vote and declare the re- 
sult: 



The Speaker will then say- 



l6 RULES OF PROCEEDING 



The officers just chosen will please take their respective posi- 
tions and enter at once upon their duties. 

The Doorkeepers will then take charge of the en- 
trances to the bar of the House, and perform the duties 
assigned to such officers. 

The assistant clerks will immediately repair to the 
Clerk's desk and take charge of the resolution already 
adopted, and make minutes of the proceedings al reach- 
had, and of all subsequent proceedings until the perma- 
nent officers are elected and sworn. 

The House being now temporarily organized, any 
business looking to permanent organization is in order, 
among which may be mentioned — 

A resolution adopting rules and principles of parlia- 
mentary law. 

The appointment of a committee on credentials. 

The appointment of a committee to wait upon a 
Judge of the Supreme or Circuit Court, and request 
his presence to administer the oath of office to the mem- 
bers elect. 

The adoption of rules may he embodied in a resolu- 
tion, as follows: 

Resoht(L That the. rules and principles Ol parliamentary law, as laid 
down in Cashing'! Manuel [or Jqffer8ori*8 : as man } '^ desired) he ad 
for the government of this Souse, daring its temporary on. 

The appointment of a Committee on Credentials, 
with proper instructions, may he embodied in a resolu- 
sion, as follows: 

Resolved, That the Speaker, pro teih.. appoint a committee of five, on 
Credential?, that the Clerk be instructed to call the Representative Dis- 
tricts, in numerical order, and that the members elect, as their respective 
districts shall be called, present to said committee their certificates < f elec- 
tion, and that said committee examine the same, and report the names of 
the members elect to this House. 

The above resolution, being adopted, the Speaker 
will immediately name the committee, whereupon the 
committee will repair to the Clerk's desk, and the Clerk 
will proceed to call, "District No. i," and the three 
members elect from that district will come forward, and 
deliver into the hands of the committee their respective 



THE SE N 



certificates ot election, and then retire to their seats. 
Each district will be called in like manner. 

The Constitution requires that the officer to administer 
the oath to members of the General Assembly shall be 
a Judge ot the Supreme or Circuit Court. 

A committee being appointed to wait upon such 
officer, a motion to adjourn, to a given hour on the fol- 
lowing day, will be in order. The Clerk will always 
enter in his journal the hour at which the Hou^e ad- 
journs. 

The Senate. 

Where proceedings are similar, the forms prescribed 
for the House may be observed in the Senate. The 
constitution prescribes that the Lieutenant-Governor 
shall preside in the Senate, but in the absence of such 
officer, the Senate choose^ it< President from one of its 
members. In the absence of the Lieutenant-Governor, 
the last presiding officer of the Senate, if he be a mem- 
ber holding over, will call the Senate to order, and 
announce that the first business in order is the 
election of a Chairman for the temporary organiza- 
tion of the Senate. A Chairman being elected, and 
conducted to the chair, will announce the election 
of a Secretary, pro tempore, to be in order. 

The Secretary, pro tern., and other temporary officers, 
being elected, the Chairman will instruct the Secretary 
to call the roll of Senators holding over, which duty 
being performed, the Chairman will then instruct the 
Secretary to call the roll of the Senators elect. After 
appointment of a Committee on Credentials, simi- 
lar proceedings to those laid down for the House will 
follow, until a President, pro tempore, and permanent 
officers are elected. 

P E R M A N E X T ORGANIZ A TIOX. 

Each Ilou^e will re-assemble promptly, at the hour 
to which it adjourned. After the reading of the journal, 
the fii ^t business in order will be a report from the 
Committee on Credentials, which, being read and 
adopted, a report from the committee to wait on a 



l8 RULES OF PROCEEDING. 



Judge, will be in order. If the Judge be present the 
vSpeaker may call upon the members elect, who have 
been reported by the Committee on Credentials as 
entitled to seats as members of the House, to rise and 
be sworn. The Judge will then administer the oath to 
the members in a body. 

The Clerk having previously prepared the form of 
oath required by the constitution, each member will 
come forward, as his name is called by the Clerk, 
and subscribe to the oath prepared for him. The Clerk 
will call, in alphabetical order, onlv as fast as members 
may sign and return to their seats. After all have sub- 
scribed their names, the Judge will take charge of the 
affidavits, and, at his convenience, will subscribe his 
name in due form, after which he will return them to 
the Clerk, who will deposit the same with the Secretarv 
of State. 

Nominations for Speaker are now in order. 

The Clerk, having previously prepared a blank 
called a u Roll-call," may write at the top of the page 
the names of those who may be placed in nomination 

for Speaker. It is seldom that more than two are 
nominated. The Speaker, pro tew., will announce the 
names of those placed in nomination, and will say — 

Gentlemen \ As your names are called, each member will please 
vote for the candidate who may be his choice. The Clerk will 
call the roll. 

The Clerk will then proceed to call the roll, and each 
member will vote, viva voce, tor the candidate of his 
choice. The Clerk will mark opposite the name of the 
member voting, and under the name of the member 
voted for. After the call is completed, the Clerk will 
count the number of marks each candidate received and 
note them at the foot of the page, and pass the same to 
the Speaker, who will announce the same to the House. 

If no candidate has received a majority of all the 
votes, the balloting must be repeated until an election is 
reached. 

When a candidate shall have received a majority of 
all the votes, the Speaker, pro tern., will announce — 



PERMANENT ORGANIZATION. 19 

Mr. having received a majority of all the votes given 

for Speaker, I hereby declare him duly elected Speaker of this 
House. 

A motion will then be in order that the Speaker, 
pro tem., appoint a committee of three to wait upon the 
Speaker ju^t elected and conduct him to the chair. One 

of this committee should be the minority candidate for 
Speaker. 

The Speaker being conducted to the chair, the 
Speaker, pro tern , will present him to the House, and 
retire with the committee to the body of the House. 

The Speaker, after such remarks as may befit the 
ision, will announce that nominations for Clerk are 
now in order. 

Nominations being made, the Speaker will announce 
the names of the candidates, and will instruct the Clerk 
to call the roll, and similar proceedings as in the elec- 
tion of Speaker will be had, until the result is an- 
nounced. 

To save time, the remaining officers of the House 
may be embodied in a resolution, and offered by a mem- 
ber for adoption, thus — 

That tae fallowing Darned persons be and they are hereby rie 
dared elected to the respective offices for which they are named: 

First Assistant Clerk— 

: ^'infant Clerk— 
Th'\r<i At rk— 

Kngt olttnrj Clerk— 

U Engrossing and Enrolling Clerk— 
t Engrossing and Enrolling CUrk— 
Doorkseper— 

Firfif AssistOH I 9€T — 

' Doorkeep 
FootmasUr— 

' l'o.Ur/i'uter— 

The officers being chosen, the Speaker will request 

that they come forward in front of the Clerk's desk and 
SWOrn. The usual oath prescribed in the Constitu- 
tion for civil officers may be administered by any person 
competent to administer oaths in this State. 

The officers being sworn they will take their respec- 
tive positions, and the temporary officers will retire. 

A resolution like the following is now in order: 



20 RULES OF PROCEEDING. 



Resolved* That the Clerk ol this Ilouse be instructed to inform the Senate 
that the House of Representatives has met an<l organized by the election of 
— {Here insert the names of all the offict rs with tin ir official titles.) 

The Clerk will need no other instruction than the 
adoption of the resolution. {The manna' of delivering 
and receiving ??iessan-cs is given under its proper 
head:') 

The following resolution will now be in place: 

Resolved, That a committee of three be appointed by the Speaker to wait 
on the Governor and Inform him that the House of Representatives U now 
organized and prepared to receive Bnch communications as he ma] 

proper to make. 

The committee being appointed and announced, the 
following is quite essential: 

Resolved. That a committee of seven be appointed to report rules for the 
government of toil lion-'-, to consist ol the Speaker, as chairman^ and aii 
members. 

Drawing of Seats. 

The drawing or choosing of seats is an established 

custom, and seems to be necessary. There have been 
different modes suggested, but the adoption of the fol- 
lowing resolution seems to have governed more gener- 
ally than any other: 

Resolved^ That, immediately after the adoption of this resolution, the 
seats shall be vacated, ai <1 the Clerk of this House is hereby instructed to 
place in a hox the name of each member on a separate piece of 

thoroughly mixed; that he then proceed to draw from said box one 
slips of paper at a time, and announce the name thereon, and the id 
named will then select his seat for the Be88lon; and the Clerk will pi 
until all the names are drawn from the box. 

Canvassing Returns fob State Officers, 

In pursuance of Section 4, of Article V, of the Con- 
stitution, the House, after its organization, and before 
proceeding to any other business, is required to open and 
publish the returns of the election for such State officers 
as may have been voted for at the preceding election. 
This must be done in the presence of a majority of each 
House of the General Assembly. A resolution, inviting 
the Senate to meet with the House at a given time is in 
order. The following is a proper form : 

Resolved, by the House of Representatives, the Senate concurring herein. 
Thar the two Houses of the General Assembly meet in joi t session in the 
Hall of Representatives, on , the inst., at — o'clock, •--. M . for the 



CANVASSING RETURNS FOR STATE OFFICERS. 



purpose of opei ins and publishing the returns of the election for Governor, 
Lieutenant-Governor, Secretary of State. Auditor of Public Accounts. 
freusurer and Attorney-General, in pursuance of Section 4. Article V. of the 
Constitution. 

Upon notice that the Senate has concurred in the res- 
olution, at the appointed time the Speaker will direct the 
Doorkeeper to see that a sufficient number of seats are 
vacated on the side of the hall to the right hand of the 
Speaker to accommodate the members of the Senate. 
The members will approach the door of the Hall of 
Representatives, preceded by their President and Sec- 
retary, marching two abreast. The assistant secretaries 
will march in the rear, and the Sergeant-at-Arms will 
follow, bearing the gavel of the President. They will 
be received at the door by the Doorkeeper, who will ad- 
vance a few steps up the middle aisle, and say — 

Mr. Speaker: 

The Speaker will respond — 
The Doorkeeper. 

The Doorkeeper will then announce — 
The Honorable Senate. 

The Speaker will then, by three strokes of the gavel, 
direct the members of the House to rise; and the Senate 
will advance and take the seats assigned to them. The 
sident of the Senate will sit at the right hand of the 
Speaker, and the secretaries will take seats at the Clerk's 
desk. The Sergeant-at-Arms will deliver into the hands 
of the President his gavel, and will then take a seat at 
his right hand. The Doorkeeper, when not otherwise 
engaged in his duties, which take him to all parts of the 
Hall, will occupy a seat at the left of the Speaker. As 
soon as the Senate is seated, the Speaker, by one stroke 
of the gavel, will direct the members of the House to 
be seated. 

The Speaker always presides in a joint session, and he 
will now declare the General Assembly convened iii 
joint session for the purpose of opening and publishing 
the returns of the election for State officers. 

A motion for a call of the joint session should now be 

le. 

— ] 



22 RULES OF PROCEEDING. 



The motion being carried, the President of the Senate 
will rise and instruct the Secretary to call the roll of the 
Senate. The call being made, the Secretary will note 
the absentees, and hand his roll to the President, who 
will announce the result. 

A quorum of the Senate being present, the Speaker 
will instruct the Clerk to call the roll, and will, in like 
manner, declare the result. 

A quorum of the joint session appearing present, 
the Speaker will now proceed to open the sealed re- 
turns, and will read the same. The Clerk will make the 
necessary tabular lists, and a result being reached, the 
Speaker will announce — 

having received the highest number ot votes cast for 



Governor, he is hereby declared duly elected Governor of the State 
of Illinois for the term of four years from the second Monday in 
January of the present year. 

In like manner the result will be declared in the case 
of each officer elected. 

If two or more have an equal, and the highest num- 
ber of votes, the ( General Assembly shall, bv joint bal- 
lot, choose one of such persons. 

The canvass being completed, the joint session, on 
motion, will adjourn j the House remaining in session 
until formally adjourned. 

The Senate will retire to its chamber for formal ad- 
journment. 

The record of the proceedings of the joint session in 
the House must be duly recorded in the Senate journal 
as well as that of the House. 

Inauguration of State Officers. 

The Constitution fixes the term of the State officers 
as commencing on the second Monday of January, and 
the ceremony ot inauguration usually takes place on 
that day. 

As initiatory thereto the following resolution may 
originate in either House : 

Besolved, by the , the concurring h(rein, thai the two 

Houses of the General Assembly will meet in joint session in the Hall of 
the House of Representatives, on Monday, January — . at — o'clock — . M., 
for the purpose of witnessing the inauguration ol Governoi, Lieutenant- 
Governor, and other State officers elect of the State of Illinois. 



INAUGURATION OF STATE OFFICERS. 23 

A joint resolution, appointing a committee of three, 

on the part of the House, and two on the part of the 

Senate, to wait on the officers elect and inform them of 

their election, and to request their attendance at the joint 

-n, will be in order. 

A similar resolution, appointing a committee of three, 
to request the presence of the Judges of the Supreme 
Court, in order that one may be present to administer 
the oath to the officers elect, would also be proper. 

The same order will be observed in convening the 
joint session, as previously described. 

The retiring State officers, without formal invitation, 
should be present at the inauguration ceremonies. 

The oath may be administered to the officers elect in 
a body, and they will subscribe to the same on printed 
forms, furnished by the Clerk, and after being certified 
by the Judge administering the oath, they will be filed 
in the office of the Secretary of State. 

The oaths being administered, the Governor will 
deliver his inaugural address. 

The joint session will adjourn in formal manner, as 
previously described. 

Upon the adjournment of the joint session, each re- 
tiring State officer will invite his successor to his private 
office, and will surrender to his charge the department 
over which he has presided. 

Election oi- United States Senator. 

By a law of Congress, approved July 25, 1866, each 
House of the General Assembly shall, on the second 
Tuesday after the meeting and organization thereof, 
when a Senator is to be elected, name a person for such 
office. The law is published elsewhere in this volume. 
The mode of procedure i- as follows: 

A resolution i^ adopted making the naming of a 
ator a special order for a given hour on the day 
named. At the hour appointed, the Speaker will an- 
nounce the special order, and a call of the House will be 
in order, and all absentee- will be noted. A quorum 
being present, the Speaker will announce that nomina- 
tions Senator to represent the State of Illinois in 



24 RULES OF PROCEEDING. 

Congress, are now in order. The roll being called, 
members will vote, viva voce, and the name of the per- 
son who shall receive a majority of the whole number 
of votes cast shall be entered on the journal. The law 
further provides — 

14 If either House shall fail to give such majority to any person on said day. 
that fact shall be entered on the journal. At twelve o'clock, meridian, of 
the day following that on which proceedings are required to take place, as 
aforesaid, the members of the two Houses shall convent in joint assembly, 
and the journal of each House shall then be read, and if the same person 
shall have received a majority of all the votes in »ach Honse, ench p 
shall be declared duly elected Senator to represent said Statr in the Con* 
gress of the United States; but If the same person shall not have received • 
majority of the votes in each House, or If either House shall have failed to 
take proceedings as required by this act, the joint Assembly shall then pro- 
ceed to choose, by a viva doc* vote of each member present, a person for the 
purpose aforesaid, and the person baring a majority of all the votes of the 
said joint Assembly, a majority ot all the members fleeted to both Honoei 
being pre ent and voting, shall be declared duly elected; and In oai 
person shall receive such majority on the first day, the joint Aesemblj nhali 
meet at twelve o'clock, meridian, of each succeeding day during the sessions 
of the Legislature, and take at least on.* vote until a Senator shall b»» 

elected."' 

An election of Senator having been made, the Speaker, 
upon the retirement of the .Senate, announces the result 
of the joint meeting. The President of the Senate, on 
resuming the chair in the Senate, announces such result. 

The Clerk will enter in the journals of the House B 
record ot" the proceedings had in the Senate relating to 

the election of a Senator, and the Secretary of the Sen- 
ate will enter in the journal of that body, in like manner, 
a record of the proceedings had in the House. 

These entries consist of a brief statement of the 
fact that the two Houses, having met, pursuant to 
joint resolution and the statute, to compare nominations 
for Senator, they were found to agree in such and such 
a name, or disagree, as the case may be, and that the 
Speaker thereupon announced the election of the per- 
son on whom the two Houses had concurred, or, in 
the event of a disagreement between the two, that the 
joint meeting proceeded to ballot, and that such and 
such a result was announced by the Speaker in joint 
meeting; and that such announcement was repeated by 
the Speaker, after the Senate had retired, or by the 
President of the Senate, on resuming his seat in the 
Senate Chamber. 



DUTIES OF OFFIC ERS. 



Officers ov the House. 

The officers of the House are recognized and estab- 
ed under Rule 51, which is as follows: 

The officers of the Honse shall be a Clerk and throe assistants, a Reading 

Clerk {to be appointed by tJu Speaker), an Engrossing and Enrolling Clerk 

and two assistants, a Postmaster and one assistant, a Doorkeeper and two 

ints, and such other officers as the House may determine; each of whom 

shall take an oatn of office. 

In addition to the above, the House usually authorizes 

the Speaker to appoint such additional help as circum- 
stances require. Under such authority the Speaker 
usually appoints ten or twelve pages, a mail carrier, four 
policemen and four janitors. Those appointed by au- 
thority of a resolution are not deemed officers, and are 
not required to be sworn. 

Duties of Officers. 

Speaker, — The duties of Speaker are prescribed in 
the rules of the House. Every officer of the House is 
rdinate. to the Speaker in all that relates to his offi- 
cial duty. The employes appointed by him are espe- 
cially under his direction. 

Among the general duties of the Speaker may be 
mentioned — 

To open the session, at the time to which the House 
is adjourned, by taking the chair and calling the members 
1 >rder; 

To announce the business before the House in the 
order in which it is to be acted upon; 

To put to vote all questions which are regularly moved, 
. nich necessarily arise in the course of proceedings, 
to announce the result; 
restrain the members, when engaged in debate, 
within the rule- of order; 

To enforce on all occa-ion^ the observance of order 

decorum among the members; 
To represent and stand for the House, declaring it- 
will, and obeying it- commands; 

The Speaker may call a member to the chair, but 

. substitution shall not extend beyond one day; 
In the absence of the Speaker, the House will elect ;» 



26 RULES OF PROCEEDING. 

Speaker, fro tempore, whose office shall cease on the re- 
turn of the Speaker. 

The pay and mileage allowed to each member of the 
the General Assembly shall be certified by the President 
of the Senate and Speaker of the House of Representa- 
tives, and entered on the journals, and published at the 
close of each session. 

Clerk. — The Clerk has the care and custody of all 
the papers and records of the House. lie must appor- 
tion, systematize and personally supervise the labor of 
his assistants, and when not called therefrom by more 
important duties, should officiate in person at the read- 
ing desk. The duties of his subordinates are properly 
his duties, as all are performed under his direction, and 
he is responsible for any deficiencies. lie is required to 
endorse on every bill introduced the number thereof, 
the name of the member introducing it, the date of in- 
troduction, and the several orders taken thereon. When 
a bill passes the House, the Clerk must certify to the 
same, and at the foot of the bill note the day on which 
it was passed. At the close of the session he must turn 
over to the Secretary of State the books, bills, docu- 
ments and papers in the possession of the House, cor- 
rectly labeled, folded and classified. 

First Assistant Clerk. — In the apportionment of 
work at the Clerk's desk, the duty of talcing the minutes 
of the proceeding's have usually been assigned to the 
First Assistant. He should be cpiick and expert in 
writing, and not unused to reporting the proceedings of 
meetings. He is expected to know the name of every 
member, in order to properly note by whom every mo- 
tion is made. He should have some knowledge of par- 
liamentary proceedings, so that his minutes may not only 
harmonize with the proceedings actually had, but with 
the ordinary rules of parliamentary law. lie will as- 
sist the Journal Clerk as opportuntiy may offer. He 
will preserve the minutes of each day and file them. 

Second Assista?it Clerk. — To the Second Assistant 
is assigned the duty of writing up the journal, from the 
minutes taken by the First Assistant. The journal of 
each day is required to be written up before the time of 
the next meeting. After the journal is completed, it 



DUTIES OF OFFICERS. 



should be bound together in convenient form, with heavy 

paper cover, and numbered and endorsed conspicuously 
with the day and month, and when approved should be 
carefully filed, so that the journal of any given day may 
be readily produced upon a call for the same. 

Third Assistant Clerk. — The duties of the Third 
Assistant pertain to the custody of the printed bills, 
the distribution of the same, and the keeping of the 
bill register: also the keeping of a book in which 
receipts for all bills given to committee^ are recorded. 
He will also take charge of all bills, resolutions, &c, 
which are referred to committees, and see that the same 
are properly delivered and receipted for. 

Reading Clerk. — This officer, as implied in the title, 
will officiate at the reading desk when it is not occupied 
by the Chief Clerk. To him is usually assigned the 
duty of preparing and delivering all messages from the 
House to the Senate. He will also take charge of all 
matter ordered printed, and see that it is properly pre- 
pared for the printer. 

Doorkeeper. — It is the duty of the Doorkeeper to pro- 
vide all necessary supplies for the comfort and con- 
venience of the House while in session. To this end^ 
authority is usually conferred upon him by resolution to 
obtain through the Secretary of State such supplies as 
may be necessary to conduct his department, the same 
to be furnished upon a written order of the Doorkeeper, 
and approved by the Speaker of the House. These 
supplies extend to such articles as brooms, dusters, pails, 
ice, chair-, desks, carpets, or anything which may seem 
itial to the proper furnishing of the hall of the 
se. He is also charged with the duty of preserving 
oidcr and decorum, not only during the hours of sessions, 

but at all times when the doors of* the hall are opened 
to the public. lie will announce to the Speaker the 
messengers from the Governor or the Senate. The 
Pages are under his direction, and their respective posi- 
tion- are assigned by him. He will serve all warrants 
or n id make all arrests that may be ordered l>v 

the House, or that are conferred upon him by authority 
►n 13, chapter 63, of the Revised Statutes, pub- 
lished elsewhere in this volume. Heretofore he lias had 



28 RULES OF PROCEEDING. 



two assistants, but it is thought that in the new state 
house he will require at least three. The assistants 
attend the entrances to the hall, admit onlv such as are 
entitled to admission, and perform any of the duties 
assigned to the Doorkeeper, under his direction. 

The Doorkeeper will also procure a blackboard of 
suitable dimensions, and place it in a conspicuous place, 
upon which he will announce committee meetings, as he 
may be directed by the chairmen of committer 

Postmaster. — The Postmaster receives and distributes 
in the House postoffice all mail matter coming to the 
member^, officers, and others attending upon the L< 
lature who desire to receive their mail through this 
source. Each member has a box in the House postoffice 
in which his mail is deposited. The Postmaster or his 
assistant should be in attendance at all hours that the 
hall of the house is open. He should keep a stippl 
stamps, envelopes, etc., for the convenience of memi 

Engrossing and Enrolling Department. 

This department is under the management and ^ 
trol of the Chief Engrossing and Enrolling Clerk, who 

has two assistants. The Committee on Engrossed Jnd 
Enrolled Bills are authorized to supervise the work of 
the department, as it is the finishing part of the great 
work wrought out by the General Assembly. The 
routine of business may be thus described: Alter a bill 
has passed a first and second reading, and it is ordered 
to a third reading, the order is, "ordered engrossed for a 
third reading;" and the bill and all the amendments 
which may have been adopted, are arranged in their 
proper order by the Clerk of the House, and delivered 
to the Chief Engrossing Clerk, who receipts for the 
same in a book kept for that purpose. The Engrossing- 
Clerk, in a book prepared for that purpose, enters the 
same by its number and title, also the date when re- 
ceived. He then proceeds to re- write the bill, carefully 
inserting every amendment, and perfects it without 
erasure or interlining. After the bill has been en- 
grossed in the manner indicated, it is carefully com- 
pared with the original, and then properly folded and en- 
dorsed, "A bill for an act," etc. The bill will then be 



ENGROSSING AND ENROLLING DEPARTMENT. 29 



delivered into the hands of the chairman of the Commit- 
tee on Engrossed and Enrolled Hills, who will receipt 
for the same in the record kept for that purpose. The 
committee will examine the bill, and, if found correct, 
will report the same hack to the House, in writing, as 
correctly engrossed. The bill thus passes again into the 
hands of the Clerk of the House, and conies up in its 
regular order on its third reading, and passage; after 
which it is reported, by message, to the Senate, where it 
passes through the same orders as in the House, except 
the order to engross, as each House engrosses the bills 
which it originates. If the Senate concurs in the pass- 
age of the bill, without amendment, it is then returned 
by message to the House, and the bill is then ready 
to be engrossed as a law. If the Senate amends the bill, 
it i< reported to the House, asking for its concurrence in 
the amendments. If the House concurs, it reports its 
concurrence to the Senate, and orders the bill enrolled 
with the amendments. If the House non-concurs, the 
bill is reported back with its non-concurrence, and a 
joint committee of conference may then be raised to ad- 
just the difference. When a hill is ready to be enrolled, 

*ain parses into the hands of the Engrossing and En- 
rolling Clerk, who receipts for it, as before, and will 
then enter the bill by its title in a book, entitled, " Rec- 
ord of Enrolled Bills," and will then proceed with great 
care to re-write said bill, embiacing all amendments, if 
any, avoiding errors, mis-spelling, erasures, etc. It some- 
time^ happens, if bills are carefully written when en- 

*sed, and not soiled or manipulated in any manner, 
that many pages of the manuscript may be used when 
enrolled. The unrolled law must be carefully compared 
with the engrossed copy. The back of the enrolled law 
must be neatly and carefully endorsed, as follow-: 



0. 



AX ACT, Etc. 

'IT. «sing and Enrolling Clerk will then write 

under the same, —"Enrolled — , 1^77." and attach 

ignature thereto. He will also preserve, as 



30 RULES OF PROCEED] NTG. 



a matter of reference, the outside sheet of all bills 

which the several orders have been noted, and file the 
same with the Secretary of State when he turns 
his effects at the close of the session. 

After a bill has been thus enrolled, it passes again into 
the hands of the Committee on Engrossed and En- 
rolled Bills, and, after examination, the chairman thei 
if found correct, will report the same back to the House 
as correctly enrolled. He will then obtain the certificate 

of the Clerk and the signature of the Speaker to the 

bill, after which he will proceed to the Senate and 
tain the signature of the President of that body. The 
certificate of the Clerk should be written in red ink on 

the left upper margin of the first page of the bill, and 

should be — 

Originated in the H 

A. B M ( lerk. 

Hills originating in the Senate should be endorsed in 
like manner, as originating in the Senate, and subscribed 
by the Secretary. The signatures of the Speaker and 

the President should be at the bottom of the bill, with 
their official titles. The name of the Speaker should 

always precede that of the President. 

The routine work of obtaining the signatures, mak 

out the reports of the committee, ctcmavbe performed 

by the clerk of the Committee on Engrossed and En- 
rolled Bills. 

The Committees of the two Houses on Engrossed 
and Enrolled Hills constitute a joint committee on en- 
rolled bills. This joint committee usually appoints fl 
sub-committee from their number who have especial 
charge of enrolled bills. When a bill has been enrolled, 
certified to, and signed by the proper officers, it is then 
ready to lav before the Governor for his approval and 
signature. It is the business of the joint committee to 
perform the duty of laying the bill before the Governor. 
The joint committee will report to their respective 
Houses their action of having laid the bill before the 
Governor for his approval. After approval by the Gov- 
ernor, he notifies both Houses by written message of his 



PAGES, JANITORS AND OTHER EMPLOYES. 31 

approval. The law is then tiled with the Secretary of 
State. 

Blanks are furnished by the Clerk for all routine or 
regular reports. Any number of bills may be included 
in one report as having been correctly engrossed, en- 
rolled, or laid before the Governor. 

The Engrossing and Enrolling Clerk is held strictly 
responsible for all bills in his possession, and no bill 
should pass out of his custody, except by order of the 
House from which he received it, or the presiding offi- 
cer thereof, or the chairman of Committee on Engrossed 
and Enrolled Bills; and in no case without taking a 
receipt therefor. All bills in the office, however, will 
at all times be subject to the inspection of any mem- 
ber of the General Asscmblv known to him to be such. 

Pages, Janitors, and Other Employes. 

Pages. — The Pages are appointed by the Speaker^ 
and placed under the direction of the Doorkeeper, who 
2jns them their positions upon the floor of the House, 
and directs them generally as to their duties. Each 
j should wear a badge bearing his name and num- 
ber. They should observe strict order, and be ready at 
a sign to bear a message, or carry a paper to the Clerk's 
de-k. The raising of a paper, or the snapping of a 
finger by a member, is the signal that the services of a 
Page are needed. One Page should not trespass upon 
the territory of another to perform his duties unless the 
other is absent or engaged; neither should he leave the 
hall during -e^-ion hours without the permission of the 
Doorkeeper. The proper age for a Page should not be 
than ten vears nor more than fourteen. 
ya?iitors. — The number of Janitors in the old state 
house was u-ually two in the Senate and four in the 
House, but the number in the new state house will un- 
itedly be increased. Janitor^ were also appointed 
for committee rooms in different parts of the city, but 
I the committee rooms will be in the new state 
house, there is no precedent to determine the number 
which will be required. The Janitors are required to 
sweep and du^t the rooms every night, BO that they 



32 RULES OF PROCEEDING. 



shall be in all respect in a neat and presentable condi- 
tion the next morning. They are also charged with the 
duty of keeping the water tanks supplied with water 
and ice. They will attend to the lighting of the hall at 
the proper time, regulate the temperature of the room-, 
and perform all duties which pertain to the comfort, 
cleanliness, and neatness of the rooms under their 
charge. The Janitors are under the direction of the 
Doorkeeper. 

Policemen. — Three Policemen for the House and one 
for the rotunda were appointed at the last session of the 
Legislature. The House will determine whether these 
will suffice for the new state house. It is the business 
of Policemen, under the direction of the Doorkt 
preserve order, to guide strangers to such parts of the 
house as they may wish to go, to take charge of all un- 
ruly or disorderly persons, and turn them over to the 
city police, or take such action with them as the House 
may direct. 

mail Carrio-. -This person will supply himself 
with a carpet-hag, or valise, which may be locked, in 
which he will cany the mail between the eapitol budd- 
ing and the postotlice. lie should study the arrival and 
departure of mails from the city, and arrange his trips 
accordingly, lie should post at the House postoffice a 
notice of the hours of arrival and departure of the dif- 
ferent lines of mails, lie will be under the direction of 
the Postmaster of the House. 

Committee Clerks. — Hut few iA the committee- are 
allowed clerks; others are grouped and a clerk allowed 
to two or more. These clerkships are usually given to 
newspaper reporters. Their duties are not arduous, but 
in many instances are essential unless members will 
volunteer to perform the duties. A clerk keeps the 
record of the proceedings of the committee; makes out 
their report; is custodian of the books and papers of 
the committee, and makes himself generally useful to all 
the members. 

Pay of Members, Officers and Employes. 

The pay of members of the General Assembly is 
fixed by law at five dollars per day during the session, 



DELIVERY OF MESSAGES. 



53 



and an allowance of fifty dollars per session for postage, 

stationery and newspapers, and ten cents per mile for 
each mile necessarily traveled in going to and returning 

from the seat of government. 

All offieers of the General Assembly receive six 
dollars per day during the session. 

Committee Clerks, Janitors, Policemen and the Mail 
Carrier receive each four dollars per day. 

Pages are entitled to two dollars per day. 

Delivery of Messages Between the two 

Houses. 

Upon the passage of a bill or joint resolution in either 
House it is an implied instruction to the Clerk or Secre- 
tary to inform the other House of such action. This is 
done by a written message in the following form : 

A message from the Senate by Mr. SinifJ/. 

Mr. President — I am directed to inform the Senate that the 
} louse of Representatives has passed the following resolution, 
to-wit: 

Hen Insert tht resolution at length.) 

In the passage of which I am instructed to ask the concurrence 
of the Senate. 



." 



In the passage of a bill, or bills, the form is varied to 
Bay " has passed hills of the following titles, to-wit:"" 
The titles should be accurately copied from the bills. 
The form is the same in messages rrom the Senate to 
House, varying from Mr. President to Mr* Speaker, 
and reversing the two bodies. 

In delivering a message, the Clerk will first secure 
the attention of the Sergeant-at-Arms. Although the 
reception of a message by either body is always in 
r. yet there is an obvious propriety in not being 
upt or hasty. The Sergeant-at-Arms will, at a 
able moment in the proceedings, secure the atten- 
tion of the President by saving: 
Mr. President: 

The President responds — 
The Sergeant-at-Arms. 
The Sergeant-at-Arms will then announce — 

ge from the House of Representatives by its Clerk. 
— C2 



34 RULES OF PROCEEDING. 

The Clerk then advances a few steps up the aisle and 

says — 

Mr. President: 

The President responds — 
The Clerk of the House of Representatives. 

The Clerk will then proceed to read his message, 
commencing with " I am directed," etc. 

Having read his message he will hand the same, with 
any documents that the message may refer to, to a 
Page, who will carry them to the Secretary's desk. 

The Clerk will then retire, and the Senate will re- 
Mime the business on which it may be engaged. 

A message from the Governor to either Hous< 

delivered in like manner hv his Secretary, 

No message should be delivered in either House un- 
less both are in session. 

ORDBB OJ Hi SIN I 

The Rules of the House prescribe the following 
the order of business ; 

1. The reading of the journal. 

2. Petitions. 

3. Reports from standing committee-. 

4. Reports from select committee-. 

5. Unfinished business and messages on Speak 

table. 

6. Introduction of bills. 

7. House bills on first reading. 

8. House bills on second reading. 

9. Consideration of bills by sections. 

10. House bills on third reading. 

11. Senate bills on first reading. 

12. Senate bills on second reading. 

13. Senate bills on third reading. 

14. Senate messages other than bills. 

15. Resolutions. 

If the House adjourns before the order is completed, 
it resumes on the following day at the point upon which 
it was engaged at the time of adjournment. 



READING OF JOURNAL — PETITIONS, J5 



The standing hour for the meeting of both Houses is 
ten o'clock a. m. Promptly at the hour of the clock 
which hangs in the hall, the Speaker strikes his gavel, 
and the members take their respective seats. Prayer is 
then offered, and the Speaker will call for the reading of 
the journal of the previous day's proceedings. 

Reading of the Journal. 

The Clerk proceeds to read the journal. If it be short, 
the reading may continue until it is finished. The Clerk 
may exercise a proper discretion in omitting to read reso- 
lutions, reports, and such matter as has no reference to 
the official action of the House, the object of reading- 
being merely to show that the record has been properlv 
made. If the journal be long, and business pressing, a 
member will move that the further reading of the jour- 
nal be dispensed with. If there be no objection, the 
Speaker will declare the further reading dispensed with. 
If there be objection, and a vote is taken, it requires a 
two-thirds vote to carry, it being a suspension of the 
rule. 

Petitions. 

In presenting a petition, a member should be recog- 
nized by the Speaker, and he will then deliver the peti- 
tion to a page, who will carry it to the Clerk's desk. 
The petition should be carefully folded, and endorsed 
upon the back thus — 

Petition of John Bro~:n, 

of Adams County \ 

Praying for an Act to Suppress Tramps. 



Mr. Smith. 

The Clerk will read the endorsement on the back, and 
the member, still standing, will name the committee he 
desires the petition to be referred to, and the Speaker 
will declare it BO referred. If the petition be important, 
and of more than ordinary interest, the member may 



36 



RULES OF PROCEEDING. 



cail for the reading of the same at length. The com- 
mittee to which the petition is referred is not especially 
charged to report the same hack to the House, unit 
is of a nature calling for special action. It may be laid 
upon the table of the committee, and they may report a 
bill in accordance with the prayer of the petition, or 
take such other action as their judgment may dictate. 

Reports prom Standing Committees. 

The standing committees should report, through their 

chairman, in the order in which the list is made in the 
rules. The following should be the order: 



1. 


Agriculture. 


22. 


Judiciary. 


•_'. 


Appropriations. 


28. 


Judicial Department. 


'■). 


Banks and Banking. 


24. 


Librai 


1. 


Canal and River [mpl 


26. 


Mannfaetni 


5. 


Claim-. 


26. 


Mileage. 


8. 


Commerce. 


27 


Militia. 


7. 


Contingent Expenses of the 




Mines and Mining. 




Hoi. 




Miscellane 


8. 


Corporations. 




Municipal Alia; 1 


9. 


County and Township ( )r .: 


81. 


Penitentiary. 




tion. 


32 


Printing. 


id. 


Drainage. 




Public Bntldlngi ads. 


11. 


Education. 


84. 


Public Chant 


12. 


Elections. 


86. 


Railroads. 


18 


Bngrossed and (Enrolled Bills. 




Retrenchm 


14. 


Executive Department. 




Revenue. 


15. 


Federal Relations. 




Roads, Highways and Brid 


16. 


Fees and Salaries. 




Rules. 


17. 


F.in a nee. 


40. 


Btate and Municipal Ind 


is 


Fish and Game. 






19. 


Geological Survey, 


n. 


Stat,' Institutions. 


20. 


Horticulture. 


VI 


Warehouses. 


21. 


Insurance. 







The Speaker will call over the list of committees, 
commencing with Agriculture, and if any committee, 

when called, is prepared with a report, the chairman 
thereof will rise and address the Speaker, and, being 
recognized, will sav — 

The Committee on desire to make a report. 

The Chairman will then deliver the report to a page, 
who will take it to the Clerk's desk, and the Speaker 
will sav — 

The Clerk will read the report. 

The following is a proper form for report on a House 
bill: 



REPORTS 1 ROM STANDING COMMITTEES. yj 



. From the standing Committee on , to which waa refer- 
red the bill (H. B. No. —.) entitled u An aol f>\ii). 

reports in favor ol" the same with (Or without) amendment. 

When the report is unfavorable, after the word ll rc- 

U? insert "adversely thereto" 
The question then will be — 

Shall the House concur in the report of the committee ? 

The Speaker may then add — 

If there is no objection, the report is concurred in, and the bill 
is ordered to a second reading. 

If the bill has not been read, the order will be to a 
first reading, or to the next stage of proceeding, what- 
ever it may be. 

If the report is adverse, the House may concur in the 
:t, and the order will be that the bill lie upon the 
table. 

If objection be made to the report, a vote will be 
taken on the question of concurrence, and if carried in 
the affirmative, the above orders follow, if in the nega- 
. a motion will then be necessary to order it to the 
next stage of proceeding; or, on motion, it may be re- 
ferred back to the committee, or referred to some other 
committee. 

Under this order, it has been in some instances the 
practice of the House to act especially upon each amend- 
ment proposed by the committee, and take a vote upon 

(option. Thi^ often results in a long and tedious 
debate, running to the merits of the bill, under the or- 
der of Reports of Committees, and the same proc< 
liable to be gone through with again upon the second 
reading of the bill. If necessary, it would be better 
when the bill is referred to the committee, as is the prac- 

in Xew York, to add "with power to report com- 
plete." 

The following is a form for Senate Bills: 

Mr. . from rh«- - »u . to which W*i referred 

- I - entitled An ' hth >,r ■ 

port* in favor of the Hiime without {Of n-lment. * 

If the committee amend the bill, they should report 
►rdingly, and attach to the bill the amendment- pro- 
— D 



38 RULES OF PROCEEDING. 



posed, written upon a separate paper. A Senate bill 
should not be interlined, erased or mutilated in any 
manner by the House. The House may concur in the 
report, and order the bill to a second reading, and the 
amendments will come up for adoption or rejection on 
its second reading. 

The action of the House upon a report on a Senate bill 
differs from a House bill in this regard, viz: The House 
bill is, in part at least, referred for revision or perfect- 
ing, and the amendments may be merely of a revisorj 
character. The House cannot afford to waste tinu 
cumber its journals, in considering the most proper 
phraseology for a bill. Its action is addressed more to 
the subject matter of the bill; hence, upon a report on a 
House bill, before its second reading, the House, by con- 
curring in the report, accepts the bill as perfected, and 
gives attention to its subject matter on its second read- 
ing. A Senate bill, having passed the scrutiny of the 
Senate, an)' change in it should be a matter of record. 
Hence, the amendments proposed by a committee, when 
adopted, or rejected, should go upon the journal. 

When a resolution is reported back from a committee, 
the report may be — 

Mr. , from the standing committee on , to which tree referred 

a resolution authorizing tfu Doorkeeper toprocurt ice and Umontkb for th* 

use of tfu members <>f this Roust report in favor of the adoption thereof, as 

follows : 

"Resolved^ etc.. {Ben insert ihi resolution in full. s 

If the report be unfavorable, the form should con" 
elude — " report adversely to the adoption thereof." 

A report from the Committee on Engrossed and En- 
rolled bills is in order at any time. 

Reports from Select Committees. 

There is but little difference in form or effect between 
a report from a standing committee and a report from a 
select committee. For a select committee the form 
should be — 

Mr. . from the select committee on . consi^tin^ 

(Here insert the name* of the committee, ami conciu&e with the form for 
standing committees,) 






UNFINISHED BUSINESS. 



39 



Unfi n i s i i i : n Business. 

It is sometimes the case that a particular matter of 
business under a general order is left unfinished, and the 
House passes on to the next order. When this is done 
the business cannot again be taken up until the order of 
unfinished business is reached, unless by a suspension of 
the rules. Under this order messages on the Speaker'- 
desk are taken up. These pertain to messages received 
from the Governor, and from such other sources (except 
the Senate) as the Speaker may deem worthy or proper, 
or by right should be brought before the attention of 
the House. 

Introduction of Bills. 

When this order is reached the Speaker will direct 
the Clerk to call the roll for the introduction of bills. 
Each member, upon call, has the right to introduce two 
bills, and no more. When his name is called, the mem- 
ber desiring to introduce a bill will rise and address the 
Speaker. When recognized, he will say — 

I desire to introduce a bill. (Or t~:o bills, as the case may be.) 

The Speaker will say — 

The gentleman from desires to introduce a bill. 

The bill being brought to the Clerk's desk, the 
Speaker will say — 

The Clerk will read the title of the bill. 

The title being read, the Speaker will say — 

If there are no objections, the bill is ordered to a first reading. 

If there are objections, the member objecting may 
make such motion as he may deem proper. 

It is sometimes the case that a member deems his bill 
as one worthy of precedence, or haste. He may then 
move a suspension of the rule- in order that the bill mav 
be read a first time and referred to a committee, or 
ordered to a second reading. The bill should be en- 
dorsed on the back with the name of member intro- 
ducing it, and the committee he de-ires it should be re- 
ferred to. 



40 RULES OF PROCEEDING 



House Bills on First Reading. 

The first reading of the bill is generally regarded as 
mere formality, as no action can be taken on it further 
than to advance it to the next stage. The Clerk first 
calls the number of the bill, thus — 

House Bill, No. i, A bill for an act, etc. 

And proceeds to read it carefully through. At the 
conclusion, the Speaker announces — 

First reading of the bill. The bill is now ready for commit- 
ment, or to be ordered to a second reading. 

The usual course is to commit the hill to <>ne of the 
standing committees. The member introducing it is 
supposed to be interested in guiding its course, and he 

will name the committee to which he desires to have it 
referred; having regard to the appropriate committee; 

and it would be better to add in the motion for reference, 
11 with power to report complete. n 

The Speaker may then say — 

If there is no objection it is so referred. 

Blank forms for making up the journals under Un- 
well as some other orders, may be ordered printed bv 
the Clerk. 

House Bills on Second Reading. 

Upon the second reading of a bill, amendments are 
in order. The bill should he read at large, and the 
Speaker may then announce — 

The second r eliding of the bill. The bill is now ready for 
amendment, or to be ordered engrossed for a third reading. 

The bill having been printed and upon the members 1 
desks for three days (under the rules) prior to its coming 
up for second reading, it is a reasonable presumption 
that no member is taken by surprise. Whatever 
amendments the bill may be supposed to need should he 
carefully considered and prepared in writing before its 
second reading. 



CONSIDERATION OF BILLS BY SECTIONS. 



Consideration of Bills by Sections. 

The practice of the House for many year- has been 
to receive or propose amendments upon the second read- 
ing of a bill, but at the last session the House adopted a 
new order, w * Consideration of bills by sections/' These 
two orders are practically one and the same, and this 
additional order can only serve to retard, rather than 
facilitate business. The new order is, therefore, ignored. 

House Bills ox Third Reading. 

The most careful attention should be given to the 
third reading of a bill. The member is supposed to 
have before him in printed form the text of the bill. If 
the bill on its second reading was but slightly amended, 
the amendments only are afterwards printed, and not 
the bill as amended. The member will therefore note 
that the Clerk reads the bill according to the printed 
form in connection with the printed amendments. Er- 
ror- or misunderstandings may happen in the engross- 
ing of a bill, which, if attention is given, will be dis- 
covered on its third reading. 

If errors are discovered, or if there should be a mani- 
fest propriety or necessity of a further amendment to 
the bill, it should be re-committed to a committee for 
such amendment, and when reported back should again 
engrossed and the amendments printed. 

At the conclusion of the reading of the bill, the 
Speaker will announce — 

The third reading of the bill. The question is, M Shall the bill 

If no motion in arrest of further proceedings be made, 
the Speaker will continue — 

Aj your names are called, those in favor of the 
passage of the bill will &a\ Aye t and those opposed will sav .V 
The Clerk will call the roll. * 

If the bill be one expressing an emergency requiri 

it to go into immediate effect, the Speaker will give 
notice accordingly. 



42 RULES OF PROCEEDING. 



The footings will be made by the Clerk, and the roll 
passed to the Speaker, who will declare the result, as 
follows : 

Gentlemen : The yeas are — , and the nays are — . A majority 
of all the members elected to this House having voted for the 
bill, it is passed. 

If the bill be one expressing an emergency for im- 
mediate effect, the Speaker will change the above to 
say — 

Two-thirds of the members elected to this House having voted 
for the bill, it is passed. 

If the vote on an emergency bill be a majority, and 
less than two-thirds, the Speaker will say — 

This bill having received the votes of a majority of the mem- 
bers elected to this House, but of less than two-thirds thereof, 
under the rules it is deemed reconsidered, and subject to amend 
ment by striking out that which relates to an emer^encv. 

A member will then make the necessary motion, and, 
being carried, the bill will again stand on its third n 

in F; 

The Constitution requires all amendments to be 
printed, but the practice of the House has been not to 
print an amendment merely to strike out, assuming that if 
stricken out there is nothing to print. While there may 
be a difference between striking out an emergency clause, 
and words that were intended to be a part of the statute, 
the practice is of doubtful constitutionality, to say the 
least, and should be authoritatively settled in both in- 
stances to avoid future complications or litigations. 

Senate Bills ox First Reading. 

There is no difference in the procedure between 
House and Senate bills in their first reading. There 
should be enough interest in the subject matter of the 
bill for members to form an idea of the proper commit- 
tee to which they should be referred, and direct them 
accordingly. 

Senate Bills on Second Reading. 

When a Senate bill has been read a second time, the 
next action is to order it to a third reading. Senate bills 



SENATE BILLS ON THIRD READING. 43 

are not engrossed by the House. If amendments have 
been recommended by a committee, they should be con- 
sidered on the second reading of the bill. Amendments 
by the House are in order on its second reading. All 
amendments to the Senate bill should be attached by a 
pin to the bill, and folded with it. The bill itself should 
not be interlined, erased, or changed in any manner by 
the House. All amendments to Senate bills, whether 
proposed by a committee, or offered in the House, should 
go upon the journal. 

Senate Bills on Third Reading. 

A Senate bill on third reading should be read as 
amended, if amendments have been made. The bill 
not having been interlined, changed or erased, the Clerk 
must exercise care in reading so as to bring in the amend- 
ments in their proper places. The passage of the bill 
is in like form to that of a House bill. 

A bill having once passed both Houses cannot be 
altered or changed, but the title may be changed or 
amended immediately after the passage of the bill. 

Senate Messages Other Than Bills. 

These relate to resolutions, amendments or miscella- 
neous subjects. If the message be a joint resolution 
asking for the concurrence of the House, the resolution 
will be read, and the question will be — 

Shall the House concur in the passage of the resolution? 

The Speaker may then say — 

< rentlemen: As many as are of the opinion that the resolution 
should pass will say, Ay* . 

The affirmative vote being taken, the Speaker will 
then ^ay — 

A- many as are of a contrary opinion will say X<>. 

The Speaker will decide in the affirmative or nega- 
tive, according to his best judgment of the vote. 
If affirmative, he will say — 

The Aye> have it, and the resolution is passed. 



44 RULES OF PROCEEDING. 

If negative, he will say — 

The Noes have it, and the resolution is lost. 

If a division be called for, the Speaker will say — 

Gentlemen: As many as are of opinion that the resolution 
should pass will please rise, and remain standing until counted bv 
the Clerk. 

The Clerk will then count, and note the number, and 
communicate the same to the Speaker, who will pro- 
ceed in like manner to put the vote in the negative. 

The Clerk having made the count, the Speaker will 
say — 

The Ayes are — and the Noes are — . The resolution is . 

If the message be an amendment to a House bill, the 
vote should be by yeas and nays. 

Immediately upon the final action on any measure 

coming from or going to the other House, or as BOOH a- 
may be practicable, a message should be prepared, and 
the other House notified of such action. 

R I SOLUTIONS. 

In the early part of the session resolutions relating 
to the organization or equipment of the House are quite 
numerous. Under this order of business, it is the privi- 
lege of any member who can secure the floor to offer a 
resolution. No money can be drawn from the public 
treasury on the authority of a resolution, but :a joint reso- 
lution may direct the Auditor to draw a warrant pay- 
able out of an appropriation already made by law. All 
joint resolutions must be certified by the presiding officer 
in each House, and published with the laws at the close 
of the session. 

Calling of the Roll. 

In the calling of the roll, members should appreciate 
and duly consider the position of the Clerk. His eyes 
are upon the roll, and not upon the members of the 
House. He calls a name, and expects to hear a response 
at the seat occupied by the member. If the member is 
away from his seat, in some other part of the House 



PRINTIN BILLS \xn VMENDMENTS. [K 

during roll-call, as is too often the case, the Clerk is not 
certain the right member lias responded, and lie is 
obliged to cast his eyes about the house to make it sure. 
A member's name is sometimes called, and the member 
is busy or thoughtless, and fails to respond, and the 
Clerk passes to the next name; the member then sud- 
denly becomes aware that his name has been called and 
hurriedly responds about the same time the subsequent 
member responds, and thus the Clerk is contused with 
two responses to the same name. If the subsequent 
member should happen to be absent, the Clerk hearing- 
hut one response, would, of course, mark the response 
to the absent member, unless he knew him to be absent. 
The obvious necessity ot giving due attention, and 
responding promptly and sufficiently loud to the roll- 
call, is thus made apparent. 

If, through any inadvertance, a member has not voted 
and desires t<> vote, at the end of the call he will rise and 
address the Speaker; and, being recognized, will make 
known his request to have his name called. 

If a member desires to change his vote he has the 
privilege of doing so before the result is announced, but 
gentlemen should remember that the Speaker can 
recognize but one member at a time. 

The yeas and nays are required upon the final passage 
of a bill, and upon all other questions only upon the de- 
mand of five members. 

No member is allowed to be at the Clerk's desk 
during roll-call. 

Printing of Bills and Amendments. 

The Constitution requires that each bill and all amend- 
ments thereto -hall be printed before the vote i- taken on 
it- final passage. The rule i-, when a bill ha- been re- 
ported favorably by a committee, for the Clerk, without 
further instruction, to or ler printed three hundred copies 
for the use of the House. The Senate order- a like 
number. Upon the adoption of any amendment to a 
bill the Clerk will, in like manner, order the printing of 
three hundred copies. When a bill is to be printed, the 
Clerk should write out on a separate paper the -e\ 

ly had on the bill, and pin the paper to the 

— 1)2 



46 RULES OF PROCEEDING. 



head of the bill, as copy for the printer. It ought not 
to be pasted, and ought not to be separate from the bill, 
hence finning is found to be a practicable mode. These 
orders run somewhat as follows: 

JAN. 1877. HOUSE - NO. 1. 30TH ASSEMBLY. 



Introduced by Mr. Smith, Jan. IO. 
Read a first time, a /id referred to Committee 
Corporations^ Jan. n. 
Reported back Jan. 12. 

When the bill comes hack printed, this paper which 
has served as copy is detached, and the bill is filed in its 
appropriate place*. The requisite number of the printed 

bills are put in the postoffice boxes of the members, and 
the balance are kept in the Clerk's room on shelves 
arranged for that purpose. When a bill passes the 
House, all printed copies in the custody ol the Clerk are 
turned over to the Secretary of the Senate. The Si 
tary of the Senate, in like manner, turns over to the 
Clerk of the House the printed Senate bills. If there 
be less than one hundred and fifty copies of a Senate 
bill, the Clerk will immediately order three hundred 
more to be printed for the use of the House. 

When an amendment is printed, the title of the bill 
to which it is an amendment, and all previous orders, in- 
cluding the date of the adoption of the amendment, 
should be printed with the amendment. 

The Clerk is furnished with blank orders to print. 
These are properly filled, and the bill and order is 
livered at the office of the Secretary of State, and re- 
ceipts are given for each bill. 

Call of the Housk. 

If any member has reason to believe that there is not 
a quorum present, it is his privilege to move a call of the 
House, and no other business is then in ordei until a 
count has been made by calling the roll, and the number 
absent verified. Upon an order for a call of the House 
the Doorkeeper will take charge of the entrances to the 
hall and allow no person to enter or depart until pro- 






( OMM ITTE1 S, 17 



ceedings under the call are suspended or dispensed with. 
The Clerk will note on his journal the names of the ab- 
sentees, and not the names of those present. If it be 

ascertained that a quorum i^ present, a motion should 
then he made that further proceedings under the call be 
dispensed with, and the pending husiness mav then be 
resumed. If there he not a quorum present, then the 
absentee^ may he called, and the number present being 
still below a quorum, the House may direct its Door- 
keeper to proceed to the lobbies or elsewhere and arrest 
absent members and bring them before the bar of the 
House. Excuses for absence should not be heard until a 
quorum is readied, and then the House may censure or 
rebuke delinquent members according to their judg- 
ment Before the business of the House is resumed, a 
motion should be made that further proceedings under 
the call be dispensed with, and the Doorkeeper will then 
release the door. Fifteen members mav adjourn from 
time to time, and they are authorized to compel the at- 
tendance of absent members. 

Committees. 

A>> soon after the organization of the House as may 
he practicable, the Speaker will appoint the standing 
committees. The list of committees published elsewhere 
me times varied from. A new committee may be 
agreed upon, or an old one dispensed with. The per- 
son first named, as a matter of courtesy, is accepted as 
e hair man. 

The chairman calls the meetings of the committee; 
he presides at all meeting-, and reports their proceed- 
to the House. When the chairman is absent, the 
' member named on the committee will act as chair- 
man. 

The proceedings of the committee are not to he pub- 
I, ;t- they are of no force until confirmed by the 

ise. 

the leading committees are allowed a clerk, 
while two or three of the minor committees are grouped 
and a clerk assigned them. 



48 RULES OF PROCEEDING. 



Committee of the Whole. 

Any bills or measures requiring detailed considera- 
tion, or which are calculated to excite much debate, 
should be referred to a committee of the whole House. 
The proceedings in the House are more restrained than 
they are in a committee of the whole House. The 
journal of all proceedings in the House must be kept, 
while the result only of the deliberations of the com- 
mittee of the Whole, which are embodied in a report. 
goes upon the journal. The House i^> sometimes en- 
gaged for days after the second reading of a bill, pro- 
posing and discussing amendments, and every motion 
and every amendment offered in the House is required 
to go upon the journal, while if the same were pro] 
in Committee of the Whole the journals would not be 
encumbered, but the essential points of the record would 
be preserved in the report. The Committee of the 
Whole is, therefore, an expedient to simplify business. 
No record is made of its proceedings, and it has no 
officers except of its own creation for temporary purposes. 
The Clerk, however, and all other officers remain to 
perform whatever duties the committee may rcquir 
them. 

The House may resolve itself into a Committee 
the Whole upon some particular bill, resolution, or 
ject, or it may go into Committee of the Whole upon 
the general file of bills. The motion will be — 

That the House do now resolve itself into Committee of the 
Whole upon {naming the subject). 

When the House resolves into Committee of the 
\\ nole, the Speaker will say — 

The gentleman from , Mr. , will take the chair. 

The appointed chairman advances to the Speaker*- 
desk, and, having taken the chair, receives from the 
Clerk the papers indicated by the motion for the com- 
mittee, when the chairman announces — 

Gentlemen: The Committee now have under consideration, 

etc. 



COMMITTEE OF THE WHOLE. 49 

If it be a bill, the Chairman may then read the title, 

and hand the bill to the Clerk, and say — 

I will ask the Clerk to read the first section. 

The section being read, the Chairman may then say — 

Are there any amendments to tne first section? 

The consideration of the bill being completed, if it 
been amended, a motion may be made as follows: 

I move that the Committee do now rise and report the bill back 
to the House, and recommend its passage, as amended. 

A motion that the Committee rise is equivalent to a 

>n to adjourn, and is not debatable. 
No : tessage to the House can be received in Com- 
mittee of the Whole. If a message comes to the House,, 
while the Committee of the Whole is in session, the 
Speaker will take the chair, receive the message, and the 
Chairman will then resume the chair, and the business 
of the Committee will go on. 

The committee cannot act upon any other business. 
pt that which has been especially referred to it, and 
upon which it is then engaged. 

If the business under consideration is not completed, 
the committee may rise, report progress, and ask leave 
/am 
When sitting again upon the same business, the same 
chairman will preside. 

The chairman will recognize the body as a committee 
I as a House, saying — 

Is the committee ready for the question ? 

Th( noes cannot be called in committee of 

the whole, but a count may be ordered by rising or 
>n. 
;iness be a file of bills, wl, is com- 

pleted, and further business is desired, the motion may 

That when the committee rise they report, etc. 

It any disorder ocdur, or a quorum be lacking, or a 
I ir which should be decidedby the House, and 



50 RULES OF PROCEED; N 

not by a committee, the committee may rise, report the 
same to the House, receive instructions, and resume its 
session as a committee. 

When the committee lises, the Speaker resumes his 
seat, and the chairman, at his place on the floor, reports 
as follows: 

Mr. Speaker: 

The Speaker answers — 

Mr. Chairman : 

The chairman then reports 

The Committee of the Whole have had under Consideration 
{naming the subject) and have instructed me to report to the 

House that they have {note what action) and rtcommtml that the 
House concur in said action. 

The House will act immediately upon the report. 

Sin [AL ORD] 

A subject requiring special consideration is sometimes 

taken up, and a motion made that at a particular hour 
on the same or some other day it he made the "special 
order" lor that time. A motion of this kind I 

o 

equivalent to a suspension of the full 
thirds vote to carry. On the arrival of the houi 
apart for the consideration of the special order, the I 
ness then in hand is not thereby suspended, hut the 

Speaker may, if he sees fit, announce the arrival of the 
hour assigned for the consideration of the special order. 
A member may then move to postpone, or take up the 
special order, and a majority vote will carry. It no 
business is pending - , and the special order is called, it will 
require a two-thirds vote to postpone. 

If a special order is not taken up at the hour assigned, 
it is the next husiness in older after completing the 
pending order, and before proceeding to another regular 
order. If it laps another special order, the one first as- 
signed takes precedence. 

The Clerk should procure a convenient diary in which 
he should record all special orders, or any orders requir- 
ing attention at a given time in the future. 



COMMITTEES OF CONFERENCE. 



5* 



Committees of Conference. 

A proposition for a conference must come from the 
House having possession of the papers, thus: 

A bill passed by one House is sent to the other for 
concurrence. It comes back amended. The originating 
House non-concur in the amendment. It is then com- 
petent for the originating House, before parting with 
the papers, to request a conference, a difference having 
arisen, and being a matter of record. 

It is more usual, however, before proposing a confer- 
ence, to communicate to the other House that its pro- 
1 amendments have been rejected, that it may have 
opportunity to recede from its amendments. 

If the amendments are insisted upon, the House in- 
sisting may propose a committee of conference. If it 
does not propose a conference, but insists on its amend- 
ments, it may communicate the same to the originating 
House, and it only remains for it to recede or adhere 
also. If it adhere to its vote of non-concurrence the bill 
is deemed to be lost and cannot be revived. 

Throughout these proceedings, either House may 
amend amendments by the other House. 

A committee of conference may amend the whole bill, 
rejecting the amendments of both Houses, preserving, 
however, the main text of the bill, and the two Houses 
may concur by yeas and nays. 

If a committee of conference fail to agree, the bill is 
lost, unless recedence takes place. 

Messages from the Governor. 

The Governor*- messages received during the session, 

covering matters of general concern, or recommending 

Native action, are always receivable, and are usually 

allowed, except in pressing emergencies, to take their 

turn in the order of " Messages on the Speaker's desk." 

Me<-age^ communicating approval of bills arc received 

, and entered upon the journal 

without further action. 

A message communicating objections to a bill that has 

•d both Houses, is read at large as soon as received, 

entered on the journal, and take^ precedence of all other 



52 RULES OF PROCEEDING. 

business, but may be made a special order with the bill 
to which it relates. If passed by a two-thirds vote in 
both Houses, the bill will become a law notwithstanding 
the objections of the Governor. The bill objected toby 
the Governor must be returned to the House in which it 
originated. If passed by a two-third vote, it must be 
sent, with the objections of the Governor, to the Other 
House. Any bill which shall not be returned by the 
Governor within ten days (Sundays excepted) after it 
shall have been presented to him, shall become a law, 
in like manner as if he had signed it, unless the General 
Assembly shall, by their adjournment, prevent it- 
turn; in which ease it shall be tiled, with his objections, 
in the office of the Secretary of State, within ten days 
after such adjournment, or become a law. 

The regular message delivered upon the assembl 
of the Legislature, may he referred to a special commit- 
tee, who shall take up the subjects treated of and dis- 
tribute the same among the several Standing Commit- 
tees and such select committees as may be deemed ex- 
pedient, subject to approval by the House. 

Appeals from the Chair. 

An appeal from a decision of the Chair brings under 
review, and opens to debate, the grounds of such de- 
cision. 

The Speaker has the right to assign reasons for a de- 
cision before the question is put on the appeal. 

The form of the question is, "Shall the decision of the 
Chair stand as the judgment of the House P 1 

Such decision, unless affirmed by a majority of the 
members present and voting, is reversed. 

The right of the Speaker to vote on affirming his 
own decision is unquestionable, but such right is usually 
waived. 

Adjournment. 

Neither House can adjourn beyond two days without 
consent of the other. Sundays and legal holidays are 
not considered as legislative days. Thus, either House 
may adjourn from Friday to Tuesday, or from Thurs- 
day to Monday. 



INVESTIGATIONS. 



53 



A motion to adjourn is not debatable, neither is it sus- 
ceptible of amendment. 

A motion to adjourn should be — 

That the House do now adjourn. 

If the motion carries, the House stands adjourned un- 
til the next regular hour of meeting on the next day. 

An adjournment for dinner is deemed merely, in par- 
liamentary practice, a temporary suspension of business, 

or a recess. A motion for a recess has nothing of the 
peculiar character which belongs to the motion to ad- 
journ. 

In case of a disagreement between the two Houses 
with respect to a final adjournment, the Governor may, 
on the same being certified to him by the House first 
moving the adjournment, adjourn the General Assembly 
to such time as he thinks proper, not beyond the first 
day of the next regular session. 

A motion to adjourn is always in order, except when 
it was the last motion voted on. 

Investigations. 

When a member df j ems that the public interests may 
be subserved by an official investigation of a matter in- 
volving public concerns, he may secure the adoption of 
a resolution authorizing the appointment of a com- 
mittee to take the subject in charge. The resolution 
Should be so drawn as to state the precise subject to be 
investigated, and if it be necessary to the investigation, 
power may be conferred in the resolution to send for 
>ns and papers. The form of a subpoena is as fol- 
low 

THE STATE of ILLINOIS 

To : You are hereby commanded, that, la\ 

lllj Appear and attend Del 
a committee Appointed under a resolution 
-. t<> fenvestijcRte, H01 
• the r<>om of vaid committer *r*, as 

on the day of . 1H77, at o'clock - M , then 

ore, and from time t required I testify 

_- re evidence upon th * matters ofinqu:r> (Ommlttee* 

f fajl not, under penalty in i<- 1. 

D at the ;'ive Chamber, in th*- - .-P.» Id. in the 

Stale aforesaid, this day of A I). MH 

, Speaker Hoqse ■ - ■ 

Attest: 

, Clerk H • ntatives. 



54 



RULES OF PROCEEDING. 



In case of a refusal to appear, or a refusal to testify, 
the same may be certified to the Speaker by the chair- 
man of the investigating committee, as follows : 

Speaker Of the House of Represent at'< 



-, chairman of the commit ee appointed to investigate , do 

hereby certify that has been only miopoenaed t<> Appear before paid 

comm ttee, as will fully appear by the writ sei red, and certificate of service 

accompanying the fame, on file with the Clerk of the Ilou-e. I furth< 

lify that said has faile-J to appear before paid committee, nccoruing to 

the mandate of said BUI poena. 



Dated Springfield, 



Chairman. 



The above should be reported to the Speaker, wh< 
authorized to issue a wan ant for the arrest of the delin- 
quent witness, which may be as follows: 

STATE OF ILLINOIS. 
To the Doorkeeper Of tfu House of Representatives: 

It appearing that a writ ol subpoena, dire. Med to , commanding him 

to personally appear ana attend before Me-ars. , a comroittt< 

pointed under a resolution of the Hon-" oi Representatives to investigate 

, at the room of said committee, In the city oi Springfield, the capital 

of lhe State, the day of , A. I). 18 . at" the hour of in the 

room, then and there, and from time to time, as required by raid com- 
mittee, to testify and give evidence upon the matter of Inquiry helord said 

committee, has been Issued, and that the said writ of subpoena was duly 

and personally nerved upon tin- said on the day Of . \. I). 

187 . as provided in section six of "Ah act to revise the law in relation to 
the General A^embly," approved and In force February S , 1874, and it fur- 
ther appearing by ths certificate of the chairman of said committee that the 

said — has failed or neglected to appear before the said committee in 

obedience to the mandate of the said subpoena; therefore* you are hereby 
commanded, in the name of the State of Illinois, to take the body ol him, 

the said •, and brin^ him before the House of Representatives, SO that 

he may testify and give evidence before tie.' said committee, and an** 

his contempt of the House or Representative?, in no: obeying t ho mandate 

of said subpoena. Hereof lail not. 

Given at the Chamber of the House af Representatives, in the citv of 

Springfield, this day of , A. 1). 187 . 

, speaker Bouse of Repres 

, Clerk House of Representau 

To which the Doorkeeper may make return in the 
following form : 

By virtue of the within process, I did. on the day of . 187 , ar- 
rest the body ol , and I now have him before the House of Rep: 

atives. , Doorkeeper. 

The offender may then be subjected to interrogatory 
as follows: 

7nt. i. Why did vou not appear before the investigating com- 
mittee, as required by the mandate of subpoena, served upon 
you on the day of , the present month. 



INVESTIGA1 ION. 



55 



If the offence be for not testifying when before the 
committee, the interrogatory will be as follows: 

////'. 2. Why did you not answer the question asked of you on 
the — inst by the chairman oi the committee charged toinvesti- 
etc. 

To which the offender pleads before judgment is 
inflicted. 

In case the answer is satisfactory, the offender is dis- 
charged; if otherwise, he is punished by imprisonment 
during the time he remains in contempt, but not beyond 
the adjournment of the General Assembly. 

The interrogatories propounded to the offender will 
be reduced to writing, and his answers thereto, and en- 
1 upon the journal. 

If the offense be for refusing to answer a question or 
stions, the chairman of the investigating committee, 
in his report to the House, will certify the questions 
which the offender refused to answer. 

A resolution declaring the offender to be in contempt 
he next proceeding. If for refusal to answer, the 
following form may be used, and varied to suit other 
offences : 

Resolved. That the refusal of to answer the questions put to him by 

the chairman or' the committee to investigate . on the inst., and 

which question* were certified to ihe Hou-e by the said chains 

now in writi lie with the Clerk of this House, be, and the eame is 

herel a contempt of this House. 

The report of a committee on investigation should con- 

of three pari 
i. The testimony taken. 

2. A statement of the facts proven thereby, or con- 
clusions derived therefrom. 

-. or a bill providing for the action 
h the committee deem proper to be taken in the 
pre 



56 GENERAL RULES. 



GENERAL RULES 

GOVERNING 

PARLIAMENTARY PRACTICE 



Strict adherence to Rules <>f Proceeding is necessarj 
to order, decency and regularity in a dignified public 
body. 

Members are exempted from question here foi 

anything said in their own House. They arc not to be 

detained on execution, nor impleaded, cited or subpoenaed 
in any court. 

It is a breach of order for the Speaker to refuse to put 
a question which is in order. 

Members are not to take notice of any bills or Other 
matters depending, or of votes that have been given, or 
of speeches which have been made in the other House, 
until the same has been communicated to them in the 
usual parliamentary manner. 

Each House is the judge of the election, returns and 
qualifications of its own members. 

When a committee is charged with an inquiry, if a 
member prove to be involved, they cannot pro, 
against him, but must make a special report to the 
House. 

Common fame is a good ground for the House to pro- 
ceed by inquiry, and even to accusation. 

When any person is examined before a committee, or 
at the bar of the House, any member wishing to ask 
the person a question, must address it to the Speaker or 



PARLIAMENTARY PRACTICE, 57 

- — - -~ i " .1 . , 

Chairman, who repeats the question to the person. The 
Speaker may permit the person to be questioned. 

When a member speaks, he is to stand up in his plaee 
and address the Speaker, and not the House or any par- 
tie ular member* 

No person in speaking is to call a member then pres- 
ent In- his name, but may designate him bv his county, 
or "the gentleman who last spoke," or, " on the other 
side of the question." 

The consequences of a measure may be reprobated in 
strong terms, but to arraign the motives of those who 
propose to advocate it, is a personality and against 
order. 

If repeated calls do not produce order, the Speaker 
may call by his name any member obstinately persisting 
in irregularity. 

Disordeilv words spoken in the House may be taken 
down by the Clerk at the request of a member, and the 
member may then explain, justify or apologize. If the 
House is satisfied, no further proceeding is necessary, 
but if the members insist on taking the sense of the 
House, the member must withdraw before further action 
is taken. 

A question of order may be adjourned to give time to 
look into precedents. 

In filling up blanks the largest sum and longest time 
shall be first putv 

The number prefixed to the section of a bill being 
merely a marginal indication, and no part of the text of 
the bill, the Clerk may regulate it. 

A question is to be put first on the affirmative and 

then on the negative. 

After a bill has passed^and iret before, the title maybe 
amended. 

No motion for reconsideration on any bill or paper 
which has gone out of the possession of the House is in 

order. 

One of tile powers incidental to a legislative body is 
that of obtaining all information which may he n< 

— Ej 



58 GENERAL RULES. 

sary to enable it to act efficiently, thoroughly, and pro- 
perly in the exercise of its various functions. 

The sense of the House may be taken by common 
consent. If no member dissents, then the matter is or- 
dered without putting the question in any other form. 

If improper or disorderly words be spoken in the 
House, the proper time for interference is immediately 
upon the expressions being made, and not at a subl- 
ine nt time. 

On a division or a count of the House, if a question 
arises, or a difficulty occurs, the Speaker must decide it 
" peremptorily ;" the division over, and a result ascer- 
tained, the decision may then be revised by tin- House 

and corrected, if irregular, even to a new division. 

In a count of the House no member not in his 

should be counted, 

While a committee is in being and in the discharge of 
its functions, nil incidental reference to it or its proceed- 
ings is irregular. 

It is irregular for a committee to be in session during 
the sitting of the House, unless by express leave or di- 
rection of the I louse. 

If, in consequence of the allowance or disallowance 
of votes, the majority ir thereby changed, and the deci- 
sion of the House i- reversed, all the subsequent pro- 
ceedings become nidi and void. 

It is not in order to reflect upon, argue against, or in 
any manner call in question, in debate, the past act- <>: 
proceedings of the House. 

When a question is taken bv yeas and nays, the ques- 
tion is open for debate until, after having been stated by 
the Speaker, the Clerk has proceeded to call the roll, 
and one member at least has answered to his name. 

A motion to strike out the enacting clause of a bill 
is equivalent to a motion to strike out every section 
thereof. 

Members should speak standing in their places, but 
this rule will admit of exception by the indulgence of 
the House. 



ELECTION OF SENATOR. sjO, 



LAWS RELATING TO THE LEGISLATURE. 



AN ACT 

To regulate the times and manner of holding elections 
for Senators in Congress* 

Be it enacted by the Senate and House of Representa- 
tives o( the United States of America in Congress 
assembled, That the Legislature of each State which 
shall he chosen next preceding the expiration of the 
time for which any Senator was elected to represent 
said State in Congress, shall, on the second Tuesday 
after the meeting and organization thereof, proceed to 
elect a Senator in Congress, in the place of such Sena- 
tor so going out of office, in the following manner: 
Each Hou^e shall openly, by a viva voce of each mem- 
ber present, name one person for Senator in Congress 
from said State, and the name of the person so voted 
for, who shall have a majority of the whole number of 

- cast in each House shall be entered on the journal 
of each House by the Clerk or Secretary thereof; but if 
either House shall fail to give such majority to any per- 
son 011 said day, that fact shall be entered on the journal. 
At twelve o'clock, meridian, of the day following that 
on which proceedings are required to take place, as 
aforesaid, the members of the two Houses shall convene 
in joint assembly and the journal of each House shall 
then be read, and if the ^ame person shall have received 
a majority of all the votes in each House, such person 
shall be declared duly elected Senator to represent said 
State in the Con. f the United States; but if the 

s person ^h;il 1 not have received a majority of the 

J8 in each House, or if either House shall have failed 
to take the proceedings as required by this act, the joint 

mbly shall then proceed to choose, by a viva 

of each member present, a person for the purpose 



Oo GENERAL \SSEMBLY, 



aforesaid, and the person having a majority of all the 
votes of the said joint assembly, a majority of all the 
members elected to both Houses being present and 
voting, shall be declared duly elected; and in case no 
person shall receive such majority on the first day, the 
joint assembly shall meet at twelve o'clock^ meridian, of 
each succeeding day during the session of the Legisla- 
ture, and take at least one vote until a Senator shall he 
elected. 

SECTION 2. And be it further enacted, That when- 
ever, on the meeting of the Legislature of any State, a 
vacancy shall exist in the representation of such State in 

the Senate of the United States, said Legislature shall 

proceed, on the second Tuesday after the commence- 
ment and organization of its session, to elect a person to 

fill such vacancy, in the manner hereinbefore provided 

for the election of a Senator for a full term; and if a 
vacancy shall happen during the session of the Legisla- 
ture, then on the second Tuesday after the Legislature 
shall have been organised and shall have notice of such 
Vacancy. 

SECTION 3. And be it further enacted, That it shall 
be the duty of the Governor of the State from which 
any Senator shall ha\e l^ccn chosen as aforesaid to certi- 
fy his election, under the seal of the State, to the Presi- 
dent of the Senate of the United States, which certifi- 
cate shall be countersigned by the Secretary of State of 
the State. 

Approved July 25, 1S66. 



AN ACT 



To revise the taw in 7'clation to the General Assonbh, 

§ 1. Be it enacted by the People of the State of Illi- 
nois^ represented i?i the Ge?ieral Assembly \ That the 
sessions of the General Assembly shall be held at the 



GENERAL ASSEMBLY. 6l 



seat of government: Provided, that the governor may 

convene the General Assembly at some other place 
when it is necessary, in case of pestilence or public dan- 
ger. 

8 2. Every officer of each house ot the General 
Assembly shall, before entering upon the duties of his 
office, take and subscribe the following oath, which 
shall be tiled with the Secretary of State: 

1 do solemnly swear »or affirm, as the case may bet that I will support the 
constitution ot the United states, and the constitution of the state of Illi- 
nois and that I will faithfully discharge the duties of the office of 

according to the best of my ability. 

J 3. The secretary of the senate and clerk of the house 
of representatives, at the close of each session of the 
general assembly, shall deliver to the secretary of state 
all books, bills, documents and papers in the possession 
of either branch of the general assembly, correctlv la- 
beled, folded and classified, according to the subject 
matter of such documents respectively; and the secre- 
tarv of state shall preserve the same in his office. The 
secretary of state shall cause the journals of the senate 
and house of representatives to be securely bound in 
volumes of convenient size, to be kept in his office. 

§ 4. The presiding officer of each house, and the 
chairman, or any member of any committee appointed 
by either house, or of a joint committee appoinied by 
the two houses of the general assembly, may administer 
oaths and affirmations to witnesses called before such 
house or committee for the purpose of giving evidenee 
touching any matter or thing which may be under the 
consideration or investigation of such house or com- 
mittee. 

£ 5. In all cases of trials of impeachment, or other 
trials before the senate, the president, secretary, or any 
member of the senate, shall have power to administer 
oaths or affirmations to the members, witnesses, or any 
other person required to be sworn. 

6. Any person may be compelled, by subpena, to 
appear and give testimony as a witness, and produce 
papers and documents before either house or a commit- 
tee thereof, or a joint committee of both houses. The 
subpena ^hall be signed by the presiding officer of the 
— F 



62 GENERAL ASSEMBLY. 



house or the chairman of the committee before whom 
tli9 witness is to appear, and may he served in the same 
manner as suhpenas from courts of record. But the 
testimony of a witness examined and testifying before 
either house of the general assembly, any committee of 
either house, or any joint committee of the two bouses, 
shall not be used as evidence in any criminal proceed- 
ings against such witness in any court of justice: / 
vided, that no official paper or record produced by Mich 
witness on such examination shall he held or taken to 
he included within the privilege of said evidence so ;i- 
to protect such witness from any criminal proceed ill 
aforesaid, and no witness shall hereafter he allowed to 
refuse to testify to anv fact, or to produce any paper 
touching which he shall he examined by either house, 
or by anv of the said committees, for the reason that his 
testimony touching such fact, or the production of such 
paper, may tend to disgrace him or render him infamous- 
Provided, further, that nothing in this act shall he con- 
strued to exempt any witness from prosecution and pun- 
ishment for perjury committed by him in testifying as 
aforesaid. 

§ 7. Any witness neglecting or refusing to appear 
when duly suhpenaed, or to testify, or to produce papers 
and documents before a committee of either house, or ;i 
joint committee of both houses, may be arrested, by 
warrant under the hand of the presiding officer of the 
house appointing the committee, or in case of a joint 
committee, under the hand of the presiding officer of 
either house, and taken before the house, and there com- 
pelled to give testimony or produce such papers and 
documents. 

§ S. Whoever, being served with a subpena to ap- 
pear as a witness, or to produce any paper or document 
before either house of the general assembly, or any com- 
mittee thereof, or a joint committee of both houses, shall 
neglect or refuse to so appear, or to produce any such 
paper or document, or having appeared, either with or 
without subpena, shall neglect or refuse to be sworn or 
to testify, or to produce any papers or documents when 
lawfully required so to do, shall be guilty of a misde- 



GENERAL ASSEMBLY. 63 



meanor, and fined not less than $3 nor more than $200. 
This section shall not be construed to affect the right of 
either house of the general assembly to compel the at- 
tendance of any person as a witness, or to punish for 
disorderly or contemptuous behavior in its presence. 

I 9. The manner of effecting imprisonment of any 
person by either house for disorderly or contemptuous 
behavior in its presence, shall be by a warrant, under the 
hand of the presiding officer for the time being of the 
house ordering the imprisonment, countersigned by the 
acting secretary or clerk, running in the name of the 
People of the State of Illinois, and may be directed to 
the scrgeant-at-arms or doorkeeper of the house, or to 
the sheriff or any constable of the county in which the 
general assembly is convened, commanding him to com- 
mit the prisoner to the county jail, and deliver him to 
the keeper thereof, and the jailer to receive him into his 
custodv and safely keep him for the time for which he is 
committed, or until he is duly discharged. 

g 10. If the person is committed for a refusal to 
answer any question put to him as a witness, or to obey 
an order of the house, the warrant may direct that the 
person be returned to the house at a time stated therein, 
not exceeding twenty-four hours from the time of com- 
mitment, or it may direct that he be imprisoned until he 
shall signify his willingness to obey the requirements of 
the house, at which time he shall be returned to the house 
bv the person having him in custody: Provided, that no 
person shall be so held beyond the time of the adjourn- 
ment of the general assembly. (See Const., art. 4, £ 9.) 

g 11. The punishment of any person, by cither house, 
for disorderly or contemptuous behavior in its presence, 
shall not be a bar to any other proceeding, civil or crimi- 
nal, for the same offense. 

^ 1 2. Whoever, bv any noisy, disorderly or unseemly 
conduct, either in 01- about the state house or place where 
either house of the general assembly is convened, dis- 
turbs the deliberations of either house, shall be fined no! 
than $*j nor more than $100, and in default of pay- 
men] Shall stand committed to the county jail until the 



64 GENERAL ASSEMBLY. 



fine and costs are paid, or he is discharged according to 
law. 

£ 13. The sergeant-at-arms of the senate and his 
assistants, and the doorkeeper of the house of representa- 
tives and his assistants, shall serve such process and exe- 
cute such orders as may be enjoined upon them by their 
respective houses, shall maintain order among spectators 
admitted into the rooms in which the respective hoi 
hold their sessions, and take proper measures t<> prevent 

interruption of either house, and may arrest, with or 
without warrant, any person committing any offense 
created by this act, or by any law for the protection of 

the state house or any of its grounds or appurtcna! 

or guilty of any breach of the peace in or a' out the state 

house or public grounds connected therewith, and con- 
vex- any such offender before a proper magistrate for 
trial; and for such purpose they shall have the same 
authority a^> i^ granted t<> sheriffs. 

Approved and in force February 25, 1S7 |. 



AN ACT 

To fix the compensation of the members^ officers ami 

employes of tlic general assembly* 

£ 1, omitted. 

£ 2. Until otherwise provided by law, the compen- 
sation of the several officers and employes of the 

general assembly shall be the same sum per day for each 
day's actual service as was paid at the firsl session oi the 
twenty-seventh general assembly, to be certified by the 
speakers of the two houses. [See L. 1S71-2, p. 124.] 

s< 3. The auditor of public accounts shall draw his 
warrants upon the treasurer in favor of the several mem- 
bers, officers and employes of the general assembly, 
upon properly certified pay-rolls, as the same shall from 
time to time become due. 

Approved and in force June 14, 1S71. L. 1S71-2, 
p. 1 2J. 



STATE LIBRARY. 65 



AN ACT 

To revise the law in relation to tlic State Library. 

^ 1. Be it enacted by the People of t lie State of IIH- 
. represented in the General Assembly, That the 
governor, secretary of state and superintendent of pub- 
lie instruction shall constitute the board of commission- 
ers for the management of the state library, of which 
board the governor shall be president. [L. 1S67, 
p. 28, § I. 

§ 2. Said commissioners shall have power to make 
and carry into effect all such rules and regulations for 
the care, arrangement and use of the books, maps, charts, 
papers and furniture of the state library as they may- 
deem proper. [L. 1S67, p. 28, § 1.] 

g 3, The secretary of state shall be librarian, and 
shall have the custody and charge of all books, maps, 
charts, papers and other things belonging to the state 
library, or directed to be deposited therein. [R. S. 

g 4. The librarian shall prepare a complete alpha- 
betical catalogue of the library, number the books 
therein, and report the same to the commissioners, who 
shall cause the same to be published for the use of the 
library. [L. 1S65, p. S7, § 2. 

.^ 5. The librarian shall cause each book in the 
library to be labeled with a printed label, to be pasted 
on the inside of the cover, with the words "Illinois 
State Library," and the number of the volume in the 
catalogue of said library, and also write the same words 
at the bottom of the tenth page of each volume. All 
is that may hereafter be added to the library shall 
be labeled in the same manner, and entered on the cata- 
ie immediately on their receipt, and before they can 
be taken out, 

). Books mav be taken from the state library by 
the members and officers of the general assembly during 

the session of the legislature, and at any time bv the 

governor and the officers of the executive department ot 

'ate, who are required to keep their offices at the 

of government, and the justices of the supreme 



66 STATE LIBRARY. 



court. But no person shall be allowed to take any book 
or property from the state library without executing a 
receipt therefor, nor to take or retain from the library 
more than two volumes of miscellaneous works at any 
one time. [R. S. 1845, P- 34°' § 3* 

£ 7. The librarian shall cause to be kept a register of 
all books issued and returned, with the dates they are so 
issued and returned, and no book, except the laws 
journals and reports of this state, which may be taken 
from the library by members or officers of the legisla- 
ture during the session, shall be retained more than two 
weeks, and all books of every kind so taken shall he re- 
turned at the close of the session. [ R. S. 1845, P* 

34°- 8 4- 

§8. If any person fails to return any book taken 

from the library within the time prescribed in the fore- 
going section, or injures tiie same, he shall forfeit and 
pay to the librarian, for the benefit of the library, three 
times the value of such book, or of the set to which it 
belongs; and before the auditor shall issue his warrant 
in favor of any member or officer of the general assem- 
bly for his services during the session, he shall be - 

fled that such member or officer has returned all books 

taken out of the library by him, and has settled all ac- 
counts for injuring such books or otherwise. [R. S. 

i845> P- 34°> § 5- 

g 9. All fines and forfeitures accruing under and by 
virtue of this act, or for the violation of any of the rules 
adopted by the library commissioners, shall be recover- 
able by action of debt before any justice of the peac 
court having jurisdiction of the same, in the name of the 
People of the State of Illinois, to the use of the state 
library, and may be expended under the direction of the 
library commissioners. In all such trials, the entries of 
the librarian, made as hereinbefore prescribed, shall be 
evidence of the delivery of the bt>ok and of the date of 
such delivery; and it shall be his duty to carry the pro- 
visions of this act into effect, and to sue for all injuries 
done to the library, and for all penalties under this act. 
[R. S. 1845, p. 340, §6. 

Approved February 25, 1S74. In force July r, 1874. 



STATE LIBRARY. 67 



RILES OF THE STATE LIBRARY. 



Books may be taken from the State Library by the 
members of the General Assembly and its officers, du- 
ring the session of the Legislature, and at any time by 
the Governor, and the officers of the Executive Depart- 
ment of this State, who are required to keep their 
offices at the seat of government; the Justices of the 
Supreme Court, and officers thereof. 

No person shall be permitted to take or detain from 
the Library more than two volumes of miscellaneous 
works at the same time. 

Xo miscellaneous work shall be detained more than 
two weeks. All Laws. Journals, etc., taken by mem- 
bers of the Legislature, to be returned at the close of 
the session. 

If any person injures, or fails to return any book 
taken from the Library, within the time above men- 
tioned, HE SHALL "FORFEIT AND PAY TO 
THE LIBRARIAN for the benefit of the Library, 
THREE TIMES THE VALUE THEREOF, or of 
the set to which it belongs. 

Any person not above mentioned, who takes books or 
other articles from the State Library, without the con- 
sent of the Librarian, will be prosecuted for larceny, 
without distinction of persons. 

Any person taking books from State Library without 
reporting the same to the Librarian, or assistant, and 
causing the same to be properly charged upon the regis- 
ter, will be prosecuted to the extent of the law. 

No entry of charges or return of books will be per- 
mitted to be made, except by the Librarian or assistant. 

Pei sons using books of the Library, will return the 
some to their proper places, upon penalty of being 
denied the privileges of the Library. 

GEO. H. HARLOW, 

Secretary of St<it<\ and ex- officio State Librarian* 



6S constitution of Illinois. 



CONSTITUTION OF ILLINOIS. 



PREAMBLE. 

We, the people of the State of Illinois — grateful to 
Almighty God for the civil, political and religious 

liberty which He hath so long permitted US to enjoy, 

and looking to Him for a blessing upon our endear 
to secure and transmit the same unimpared to succeed- 
ing generation! — in order to form a more perf! 
eminent, establish justice, insure domestic tranquility, 
provide for the common defense, promote the general 
welfare, and secure the blessings of liberty to ourselves 
and our posterity; do ordain and establish this constitu- 
tion for the State of* Illinois. 

ARTICLE I. 
BOUNDAB I BS. 

The boundaries and jurisdiction of the State shall be 
as follows, to- wit: Beginning at the mouth of the 

Wabash liver; thence up the same, and with the line of 
Indiana, to the northwest corner of said State; thence 
east, with the line of the same State, to the middle of 
Lake Michigan; thence north, along the middle of 
lake, to north latitude 42 degrees and 30 minutes; thence 
west to the middle of the Mississippi river, and thence 
down along the middle of that river to its confluence 
with the Ohio river, and thence up the latter river, 
along its northwestern shore, to the place of beginning: 
Provided, that this State shall exercise such jurisdiction 
upon the Ohio river as she is now entitled to, or such 
as may hereafter be agreed upon by this State and the 
State of Kentucky. 



CONSTITUTION OF ILLINOIS. 69 



ARTICLE II. 

Bill of Rights. 

g 1. All men arc by nature free and independent, 
and have certain inherent and inalienable rights — among 
these are life, liberty, and the pursuit of happiness. To 
secure these rights and the protection of property, gov- 
ernments are instituted among men, deriving their just 
powers from the consent of the governed. 

£ 2. No person shall be deprived of life, liberty or 
property, without due process of law. 

J 3. The free exercise and enjoyment of religious 
profession and worship, without discrimination, shall 
forever be guaranteed; and no person shall be denied 
anv civil or political right, privilege or capacity, on ac- 
count of his religious opinion; but the liberty of con- 
science hereby secured shall not be construed to dispense 
with oaths or affirmations, excuse acts of licentiousness, 
or justify practices inconsistent with the peace or safety 
of the State. No person shall be required to attend or 
tupport any ministry or pla;e of worship against his 
consent, nor shall any preference be given by law to any 
religious denomination or mode of worship. 

§ 4. Every person may freely speak, write and pub- 
lish on all subjects, being responsible for the abuse of 
that liberty; and in all trials for libel, both civil and 
criminal, the truth, when published with good motives 
and for justifiable ends, shall be a sufficient defense. 

g V The right of trial by jury as heretofore en- 
joyed, shall remain inviolate; but the trial of civil cases 
be lore justices of the peace by a jury of less than twelve 
men, may be authorized by law. 

£ 6. The right of the people to be secure in their 
>ons, houses, papers and effects against unreasonable 
searches and seizures, shall not be violated; and no war- 
rant shall issue without probable cause, supported by 
affidavit, particularly describing the place to be searched, 
and the person or things to be seized. 

.^ 7. All persons shall be bailable by sufficient sure- 
tie^, except for capital offenses, where the proof is evi- 
— F2 



70 CONSTITUTION OF ILLINOIS. 

dent or the presumption great; and the privilege of the 
writ of habeas corpus shall not be suspended, unless 
when in cases of rebellion or invasion the public safety 
may require it. 

§ S. No person shall be held to answer for a crimi- 
nal offense, unless on indictment of a grand jury, except 
in cases in which the punishment is by fine, or imprison- 
ment otherwise than in the penitentiary, in cases of im- 
peachment, and in cases arising in the army and navy, 
or in the militia when in actual service in time of war 
or public danger; Provided^ that the grand jury may be 
abolished by law in all cases. 

£ 9. In all criminal prosecutions, the accused shall 
have the right to appear and defend in person and by 
counsel; to demand the nature and cause of the accusa- 
tion, and to have a copy thereof; to meet the witnesses 
face to face, and to have process to compel the attend- 
ance of witnesses in his behalf, and a speedy public trial 
by an impartial jury of the county or district in which 
the offense is alleged to have been committed. 

§ IO. No person shall be compelled in any criminal 
case to give evidence against himself, or be twice put in 
jeopardy fol the same offense. 

§ 11. All penalties shall be proportioned to the na- 
ture of the offense; and no conviction shall work cor- 
ruption of blood or forfeiture of estate; nor shall any 
person be transported out of the State for any offense 
committed within the same. 

v< 12. No person shall be imprisoned for debt, unless 
upon refusal to deliver tip his estate for the benefit of his 
creditors, in such manner as shall be prescribed by law; 
or in cases where there is strong presumption of fraud. 

§ 13. Private property shall not be taken or dam- 
aged for public use without just compensation. Such 
compensation, when not made by the State, shall be 
ascertained by a jury, as shall be prescribed by law. 
The fee of land taken for railroad tracks, without con- 
sent of the owners thereof, shall remain in such owners, 
subject to the use for which it is taken. 

§ 14. No ex post facto law, or law impairing the 



CONSTITUTION OF ILLINOIS. ^ I 

obligation of contracts, or making any irrevocable grant 
of special privileges or immunities, shall be passed. 

£ 15. The military shall be in strict subordination to 
the civil power. 

J 16. No soldier shall, in time of peace, be quar- 
tered in any house without the consent of the owner; 
nor in time of war except in the manner prescribed by 
law. 

£ 17. The people have the right to assemble in a 
peaceable manner to consult for the common good, to 
make known their opinions to their representatives, and 
toapply for redress of grievances. 

J 1 S. All elections shall be free and equal. 

J 19. Every person ought to find a certain remedy 
in the laws for all injuries and wrongs which he may 
receive in his person, property or reputation; he ought 
to obtain, by law, right and justice freely, and without 
being obliged to purchase it, completely and without 
denial, promptly and without delay. 

S 20. A frequent recurrence to the fundamental 
principles of civil government is absolutely necessary to 
preserve the blessings of Hberty. 

ARTICLE III. 

Distribution of Powers. 

The powers of the Government of this State are 

divided into three distinct departments — the Legislative, 

rutive and Judicial; and no person, or collection of 

persons, being one of these departments, shall exercise 

any power properly belonging to either of the others 

eptas hereinafter expressly directed or permitted. 

ARTICLE IV. 
Legislative I ) bpa r t m b \ r . 

g 1. The legislative power shall be vested in a 
General Assembly, which shall consist of a Senate :\nd 
House of Representatives, both to be elected by the 
people. 



I 2 



CONSTITUTION OK ILLINOIS. 



Elections. 

§ 2. An election for members of the general 
assembly shall be held on the Tuesday next after the 
first Monday in November in the year of our Lord one 
thousand eight hundred and seventy, and every two 
years thereafter, in each county, aa such places therein 
as may be provided by law. When vacancies occur in 
either house, the governor, or person exercising the 
powers of governor, shall issue writs of election to fill 
such vacancies. 

Eligibility and Oath. 

8 3. No person shall he a senator who shall not have 
attained the age of twenty-five years, or a representa- 
tive who shall not have attained the age of twenty-One 
years. No person shall he a senator or a representative 
who shall not he a citizen of the United States, and 

who shall not have been for five years a resident of Mis 

State, and for two years next preceding his election a 
resident within the territory forming the district from 
which he is elected. No judge or clerk of any court, 
secretary of state, attorney general, state's attorney, re- 
corder, sheriff, or collector of public revenue, member 
of either house of congress, or person holding any 
lucrative office under the United States ( r this State, or 
any foreign government, shall have a seat in the gen- 
eral assembly: Provided^ that appointments in the 
militia, and the offices of notary public and justice of the 
peace, shall not be considered lucrative. Nor shall any 
person, holding any otfice of honor or profit under any 
foreign government, or under the government of the 
United States, (except postmasters whose annual com- 
pensation does not exceed the sum of $300,) hold any 
office of honor or profit under the authority of this 
State. 

§ 4. No person who has been, or hereafter shall be, 
convicted of bribery, perjury or other infamous crime, 
nor any person who has been or may be a collector or 
holder of public moneys, who shall not have accounted 
for and paid over, according to law, all such moneys due 






COKSTITUTIOX OF ILLINOIS. 73 



from him, shall be eligible to the general assembly, or 
to any office of profit or trust in this State. 

8 v Members of the general assembly, before they 
enter upon their official duties, shall take and subscribe 
the following oath or affirmation: 

•I do solemnly swear (or affirm) that I will support the Constitution of the 
United Stales, and the Constitution of the State of Illinois, and will faith- 
fully discharge the duties of senator tor representative) according to the best 

Ability; and that I have not. knowingly or intentionally, paid or con- 
tributed anything, or mule any promise in the nature of a bribe, to directly 
or iudir sctly iufluence any vote at the election at which I was chosen to till 

. office, and have not accepted, nor will I accept or receive, directly 
or indirectly, any m mey or other valuable thing, from any corporation, com- 
pany or person, tor any vote or influence I may give or withhold on any bill, 
ntion or appropriation, or for any other official act.' 1 

This oath shall be administered by a judge of the 
supreme or cireuit court, in the hall of the house to 
which the member is elected, and the secretary of state 
shall record and file the oath subscribed by each mem- 
ber. Any member who shall refuse to take the oath 
herein prescribed, shall forfeit his office, and every mem- 
ber who shall be convicted of having sworn falsely to, 
or of violating, his said oath, shall forfeit his office, and 
be disqualified thereafter from holding any office of profit 
or trust in this State. 

Apportionment — Senatorial. 

6 6. The general assembly shall apportion the State 
every ten years, beginning with the year 1871, by 
dividing the population of the State, as ascertained by 
the federal census, by the number 51, and the quotient 
shall be the ratio of representation in the senate. The 
senators elected in the year of our Lord 1872, in dis- 
tricts bearing odd numbers, shall vacate their offices at 
the end of two years, and those elected in districts bear- 
ing even numbers, at the end of four years; and vacan- 

occurring by the expiration of term, shall be filled 
by the election of senators for the full term. Senatorial 
di-trirts shall be formed of contiguous and compact ter- 
ritory, bounded by county lines, and contain as nearly as 
practicable an equal number of inhabitants; but no dis- 
trict shall contain le^s than four-fifth of the senatorial 
ratio. Counties containing not less than the ratio and 

— G 



74 CONSTITUTION OF ILLfffCHSu 

three-fourths, may be divided into separate districts, and 

shall be entitled to two senators, and to one additional 
senator for each number of inhabitants equal to the 
ratio, contained by such counties in excess of twice the 
number of said ratio. 

Minority Represj STATION. 

88 7 and 8. The house of representatives shall con- 
sist of three times the number of the members of the 
senate, and the term of office shall be two years* Three 
representatives shall be elected in each senatorial district 
at the general election in the year of our Lord i 
and every two yens thereafter. In all election 
representatives aforesaid, each qualified voter may cast 
as many votes for one candidate as there are representa- 
tives to be elected, or may distribute the same, or equal 
parts thereof, among the candidates, as he shall se< 
and the candidates highest in VQtes shall be deci. 
elected. 

Time of Meeting and Gknjbral Ruju 

§ 9. The sessions of thegeneral assembly shall com- 
mence at 12 o'clock noon, on the Wednesday next after 
the first Monday in January, in the year next ensuing 

the election of members thereof, and at no other time, 
unless as provided by this constitution. A majority 
the members elected to each house shall constitute a 
quorum. Each house shall determine the rules of its 
proceedings, and he the judge ^t the election, returns 
and qualifications of ils members; shall choose its own 
Officers; and the senate shall choose a temporary presi- 
dent to preside when the lieutenant governor shall not 
attend as president or shall act as governor. The 
secretary of state shall call the house of representatives 
to order at the opening of each new assembly, and pre- 
side over it until a temporary presiding officer the 
shall have been chosen and shall have taken his seat. 
No member shall be expelled by either house, except by 
a vote of two-thirds of all the members elected to that 
house, and no member shall be twice expelled for the 
same offense. Each house may punish by imprison- 
ment any person, not a member, who shall be guilty of 



CONSTITUTION OF ILLINOIS. ysj 

disrespe:t to the house by disorderly or contemptuous 
behavior in its presence. But no such imprisonment 
shall extend beyond two hours at one time, unless the 

m shall persist in such disorderly or contemptuous 
behavior. 

g 10. The doors of each house and of committees 
oi the whole, shall be kept open, except in such* cases 
as, in the opinion of the house, require secrecy. Neither 
house shall, without the consent of the other, adjourn 

nore than two days, or to any other place than that 
in which the two houses shall he sitting. Each house 
shall keep a journal of its proceedings, which shall he 
published. In the senate at the request of two mem- 

. and in the house at the request of five members, 
the yeas and nays shall he taken on any question, and 
entered upon the journal. Any two members of either 
house shall have liberty to dissent from and protest, in 
respectful language, against any act or resolution which 
they think injurious to the public or to any individual, 
and have the reasons of their dissent entered upon the 
journals. 

Style of Laws and Passage of Bills. 

£ 11. The ^tyle of the laws of this State shall be: 
d In 1 the People of the State of Illinois ', 
represented in the General Assembly: 

2. Bills may originate in either house, but may 
Itercd, amended or rejected by the other; and on 
final passage of all bills, the vote shall be by yeas 
and nays, upon each hill separately, and shall he entered 
upon tlie journal; and no hill shall become a law with- 
out the concurrence of a majority of the members 
led i" each hous 
£ [3. Ever) bill shall be read at lar^e on three dif- 
ferent days, in each house; and the bill and all amend- 
ment to shall he printed before the vote i^ taken 
1 d passage; and every bill, having passed both 
ted by the speakers thereof. No act 
hereafter p 1 ill embrace more than one -ii 
an 1 that shall be expressed in the title. But if any sub- 
ject shall be embraced in an act which shall not Em 






76 CONSTITUTION OF ILLINOIS. 



pressed in the title, such act shall be void only as I 
much thereof as shall not be expressed; and no law- 
shall he revived or amended by reference to its title 
only, hut the law revived, or the section amended, shall 
he inserted at length in the new act. And no act of the 
general assembly shall take effect until the first d; 
July next after its passage, unless, in case of emergency, 
(which emergency shall he expressed in the preamble or 
body of the act), the general assembly shall, by a vote 
of two-thirds of all the members elected to each house, 
otherwise direct. 

Privileges and Disabilitu s. 

g 14, Senators and representatives shall, in all c. 
except treason, felony or breach of the peace, he privi- 
leged from arrest during the se^i<>n of the general 
assembly, and in going to and returning from the same: 
and for any speech or debate in either house, they shall 
not he questioned in any other place. 

§ 1 ^. No person elected to the genera] assembly 
shall receive any civil appointment within this State 
from the governor, the governor ami senate, or from the 
genera] assembly, during the term for which he shall 
have been elected; and all such appointments, and all 
votes given for any such members tor any such ofliceor 
appointment, shall be void; nor shall any member of the 
general assembly be interested, either directly or in- 
directly, in any contract with the state, or any county 
thereof, authorized hv any law passed during the term 
for which he shall he elected, or within one year after 
the expiration thereof. 

Public Moneys and Appropriations. 

§ 16. The general assembly shall make no appro- 
priation of money out of the treasury in any private 
law. Bills making appropriations for the pay of mem- 
bers and officers of the general assembly, and for the 
salaries of the officers of the government, shall contain 
no provisions on any other subject. 

§ 17. No money shall he drawn from the treasury 
except in pursuance of an appropriation made by law, 



CONSTITUTION OF I I.I.I NO I: 



77 



and on the presentation of a warrant issued by the 
auditor thereon; and no money shall be diverted from 
anv appropriation made for any purpose, or taken from 

any fund whatever, either by joint or separate resolution. 
The auditor shall, within sixty days after the adjourn- 
ment of each - ss :i o{ the general assembly, prepare 
publish a full statement of all money expended at 
such session, specifying the amount of each item, and to 
whom and for what paid. 

g iS. Each general assembly shall provide for all the 
ropriations necessary for the ordinary and contingent 
- oi the government until the expiration of the 
first fiscal quarter after the adjournment of the next 
-ion, the aggregate amount of which shall 
not be increased without a vote of two-thirds of the 
members elected to each house, nor exceed the amount 
of revenue authorized by law to be raised in such time: 
and all appropriations, general or special, requiring 
money to be paid out of the State Treasurv, from funds 
belonging to the State, shall end with such fiscal quar- 
Provided, the State may, to meet casual deficits or 
failures in revenues, contract debts, never to exceed in 
the aggregate $250,000; and moneys thus borrowed 
shall be applied to the purpose for which they were ob- 
tained, or to pay the debt thus created, and to no other 
purpose; and no other debt, except tor the purpose of 
repelling invasion, suppressing insurrection, or d< fend- 
big the State in war, (for payment of which the faith of 
State shall be pledged), shall be contracted, unless 
the law authorizing the same shall, at a general election, 
have been submitted to the people, and have received a 
ntv of the votes cast for members of the general 
nbly at such election. The general assembly shall 
idc for the publication of -aid law for three months, 
•re the vote of the people shall be taken 
upon the same; and provision -hall be made, at the 
time, for the payment of the interest annually, a- it shall 
accrue, by a tax levied for the purpose, or from other 
source- of revenue; which law, providing for the pay- 
' of such interest by such tax, shall be irrepealable 
until such debt be paid: And provided^ further, that 



^S CONSTITUTION OI ILLINOIS. 



the lavs' levying the tax shall be submitted to the people 
with the law authorizing the debt to be contracted. 

§ 19. The general assi rnbly shall never grant or 
authorize extra, compensation, tee or allowance to any 
public officer, agent, servant or contractor, after service 
has been rendered or a contract made, nor authorize the 
payment of an claim, or part thereof, hereafter created 
against the State under any agreement or contract made 
without express authority of law; and all such unauthor- 
ized agreements or contracts shall be null and void: 
Provided \ the general assembly may make appropria- 
tions for expenditures incurred in suppressing insurrec- 
tion or repelling invasion. 

§ 20. The State shall never pay, assume or become 
responsible for the debts or liabilities of, or in any man- 
ner give, loan or extend its credit to, or in aid of any 
public or other corporation, association or individual. 

Pay of Members. 

sj 21. The members of the general assembly shall 
receive for their services the sum of $5 per dav, during 
the first session held under this o nstitution, and 10 cents 
for each mile necessarily traveled ingoingtoand return- 
ing from the seat of government, to be computed by 
the auditor of public accounts: and thereafter such com- 
pensation as shall be prescribed by law, and no other 
allowance or emolument, directly or indirectly, for any 
purpose whatever; except the sum of $50 pel 
to each member, which shall be in full for post 
stationery, newspapers, and all other incidental expenses 
and perquisites; but no change shall be made in the 
compensation of members of the general assembly du- 
ring the term for which they may have been elected. 
Thev pay and mileage allowed to each member of the 
general assembly shall he certilv d by the speaker of 
their respective houses, and entered on the journals and 
published at the close of each session. 

Special Leg t slat 1 ox Prohibited. 

§ 22. The general assembly shall not pass local or 



CONSTITUTION OF ILLINOIS, Jy 



ecial laws in any ot the following enumerated cases 

t hat is to say : for — 
nting divorce - ; 

Changing the names of persons or place-; 

Laying out, opening, altering, and working roads or 
highway - ; 

Vacating road-, town plats, streets, alley- and public 
>unds; 

Locating or changing county seat-: 

Regulating county and township affairs; 

Regulating the practice in courts of justice; 

Regulating the jurisdiction and duties of justices of 
the peace, police magistrates, and constables; 

Providing for changes of venue in civil and criminal 

ses; 

Incorporating cities, town-, or villages, or changing 
amending the charter of any town, citv or village; 

Providing for the election of members of the board 
of supervisors in township-, incorporated towns or 

ies ; 

^mmoning and impaneling grand or petit juries : 
Providing for the management of common schools; 
Regulating the rate of interest on money ; 
The opening and conducting of any election, or desig- 
ting the place of voting; 
The sal _re of real estate belonging to 

or others under disability; 
The protection of* game or fish; 
Chartering or li or toll bridges; 

Remitting fines, penalt itures; 

Creating, increasing, or decreasing fees, percentage or 
of public officers, during the term for which 
i officers ected or appointed; 

anging the law of descent; 
Granting to any corporation, i -n or individual 

to lay down railroad track-, or amending exist- 
l charters h purp< 

anting to an] n, association or individual 

any or exclusive prh immunity or franchise 

In all other cases where a genera] law can be made 

IW shall DC enacted. 






So CONSTITUTION OK iLLlNO 



§ 23. The general assembly shall have no power to 
release or extinguish, in whole or in part, the indebted" 
ness, liability, or obligation of any corporation or indi- 
vidual to this State or to any municipal corporation 

therein. 

Impeachment. 

§ 24. The house of representatives shall have the 
sole power of impeachment; but a majority of all the 
members elected must concur therein. All impeach- 
ments shall be tried by the senate; and when sitting for 
that purpose, the senators shall be upon oath, or affirma- 
tion, to do justice according to law and evidence. When 
the governor of the State is tried, the chief justice shall 
preside. No person shall be convicted without the con- 
currence of two-thirds of the senators elected. But 
judgment, in such cases, shall not extend further than 
removal from office, and disqualification to hold any 
office of honor, profit or trust under the government of 
this State. The party, whether convicted or acquitted, 
shall, nevertheless, be liable to prosecution, trial, judg- 
ment and punishment according to law. 

MlSCBLLANE< >us, 

§ 25. The general assembly shall provide, by law, 
that the fuel, stationery, and printing paper furnished 
for the use of the State; the copying, printing, binding 
and distributing the laws and journals, and all other print- 
ing ordered by the general assembly, shall be let by con- 
tract to the lowest responsible bidder; but the general 
assembly shall fix a maximum price; and no member 
thereof, or other officer of the State, shall be interested, 
directly or indirectly, in such contract. But all such 
contracts shall be subject to the approval of the g 
ernor, and if he disapproves the same there shall I 
re-letting of the contract, in such manner as shall be 
prescribed by law. 

§ 26. The State of Illinois shall never be made de- 
fendant in any court of law or equity. 

§ 27. The general assembly shall have no power to 
authorize lotteries or gift enterprises, for any purpose, 



CONSTITUTION OF ILLINOIS. 8l 



and shall pass laws to prohibit the sale o( lottery or gift 
enterprise tickets in this State. 

8 28. No law shall be passed which shall operate to 
extend the term of any public officer after his election 
Of appointment. 

§ 2cj. It shall be the duty of the general assembly to 
such laws as may be necessary for the protection of 
operative miners, by providing for ventillation, when 
the same may be required, and the construction of 
escapement shafts, or such other appliances as may se- 
cure safety in all coal mines, and to provide for the 
enforcement o\ said laws by such penalties and punish- 
ments as may be deemed proper. 

£ 30. The genera] assembly may provide for estab- 
lishing and opening roads and cartways, connected with 
a public road, for private and public use. 

^ 31. Te general assembly may pass laws permitting 
the owners or occupants of lands to construct drains and 
ditches, for agricultural and sanitary purposes, across 
the lands of others, 

12. The general assembly shall pass liberal home- 
stead and exemption laws. 

j ;. The general assembly shall not appropriate out 
o{ the State treasury, or expend on account of the new 
capitol grounds, and construction, completion, and furnish- 
ing of the State house, a sum exceeding, in the ag- 
nate, $3,500,000, inclusive of all appropriations here- 
tofore made, without first submitting the proposition for 
an additional expenditure to the legal voters of the State, 
at a general election; nor unless a majority of all the 
st at <uch election shall be for the proposed ad- 
ditional expenditure. 

ARTICLE V. 

Ex bcutive Department, 

I 1. The executive department shall consist of a 

ernor, Lieutenant Governor, Secretary of State, 

tor of Public Accounts, Treasurer, Superintendent 

<>f Public Instruction, and Attorney General, who shall, 

each, with the exception of the Treasurer, hold his 

(*2 



82 CONSTITUTION OF ILLINOIS. 



office for the term of four years from the second Mon- 
day of January next after his election, and until his suc- 
cessor is elected and qualified. They shall, except the 
Lieutenant Governor, reside at the seat of government 
during their term of office, and keep the public records, 
books and papers there, and shall perform such duties 
as may be prescribed by law. 

£ 2. The Treasurer shall hold his office for the term 
of two years, and until his successor is elected and quali- 
fied; and shall be ineligible to said office tor two \ 
next after the end of the term for which he was ele 
lie may be required by the Governor to give reasonable 
additional security, and in default of so doing his office 
shall be deemed vacant. 

Election. 

| 3. An election for Governor, Lieutenant Governor, 

Secretary of State, Auditor of Public Accounts, and 

Attorney General, shall be held on the Tuesday next 
after the first Mondaj of November, in the year of our 

Lord 1S72, and every four years thereafter; for Super- 
intendent of Public Instruction, on the Tuesday 1 

after the first Monday of November, in the year 1 
and every four years thereafter; and for Treasure 
the dav last above mentioned, and every two \ ears there- 
after, at such places and in such manner as may be pre- 
scribed by law. 

§ 4. The returns of every election for the above 
named officers shall be sealed up and transmitted, by the 
returning officers, to the Secretary of State, directed to 
" The Speaker of the House of Representatives," who 
shall, immediately after the organization of the house, 
and before proceeding to other business, open and pub- 
lish the same in the presence of a majority of each h< 
of the general assembly, who shall, for that purj 
assemble in the hall of the house of representatives. The 
person having the highest number of votes lor either of 
said offices shall be declared duly elected; but if two or 
more have an equal and the highest number of votes, 
the general assembly shall, by joint ballot, choose one of 
such persons for said office. Contested elections for all 



CONST I TUT t OK OK ILLINOIS. S3 

Df said offices shall be determined by both houses of the 
general assembly, by joint ballot, in such manner as may 

be prescribed by law. 

Eligibility. 

6 v No person shall be eligible to the office of Gov- 
ernor or Lieutenant Governor, who shall not have attain- 
ed the age of thirty years, and been, for five years next pre- 
ceding his election, a citizen of the United States and of 
this State. Neither the Governor, Lieutenant Gov- 
ernor, Auditor of Public Accounts, Secretary of State, 
Superintendent of Public Instruction nor Attorney 
General shall be eligible to any other office during the 
period for which he shall have been elected. 

Governor. 

g 6. The supreme executive power shall be vested 
in the Governor, who shall take care that the laws be 
faithfully executed. 

B y. The Governor shall, at the commencement of 

each session, and at the close of his term of office, give 

to the general assembly information, by message, of the 

condition of the State, and shall recommend such meas- 

as he shall deem expedient. He shall aecount to 

the general assembly, and accompany his message with 

a statement of all moneys received and paid out by him 

: any funds subject to his order, with vouchers, and 

at the commencement of each regular session, present 

estimates of the amount of money required to be raised 

taxation for all purpo^e^. 

3. The Governor may, on extraordinary occasions, 

vene the general assembly, by proclamation, stating 

therein the purpose for which they are convened; and 

the general assembly shall enter upon no business ex^ 

cept that for which they were called together. 

j. In ca^e of a disagreement between the two 

houses with respect to the time of adjournment, the 

ernor may, on the same being certified to him, by 

the house first moving the adjournment, adjourn the 

eral assembly to such time as he thinks proper, not 

beyond the first day of the next regular session. 

10. Tiie Governor shall nominate, and by and 



84 CONST 1 TUT I OX OF ILLINOIS. 



with the advice and consent of the senate, (a majority 
all the senators selected concurring, by yeas and n 
appoint all officers whose offices are established by 
constitution, or which may be created by law, and whose 
appointment or election is not otherwise provided for; 
and no such officer shall he appointed or elected by the 
general assembly. 

§11. In case of a vacancy, during the re the 

senate, in any office which is not elective, the Governor 
shall make a temporary appointment until the next 
meeting of the senate, when he shall nominate some 
person to fdl such office 5 and any person so nominated, 
who is confirmed by the senate, (a majority of all the 
senators elected concuriing by yeas and nays) shall hold 
his office during the remainder of the term, and until 
his successor shall he appointed and qualified. No per- 
son, after being rejected by the senate, shall he again 
nominated lor the same office at the same session, ill 
at the request of the - nate, or be appointed to tl 
office during the recess of the general assembly. 

8 12. The Governor shall have power to remove 
anv officer whom he may appoint, in case of incon 
tency, neglect of duty, or malfeasance in office; and he 
may declare his office vacant, and fill the same as is 
herein provided in other cases of vacancy. 

g 13. The Governor shall have power to grant re- 
prieves, commutations and pardons, after conviction, for 
all offenses, subject to such regulations as may he 
provided by law relative to the manner of applying 
therefor. 

8 14. The Governor shall be commander-in-chief of 
the military and naval forces of the State (except when 
they shall he called into the service of the United States); 
and may call out (he same to execute the laws, sup} 
insurrection, and repel invasion. 

£ 15. The Governor, and all civil officers of this 
State, shall he liable to impeachment for any mi 
meanor in office. 

VETO. 

§ 16. Every bill passed by the general assembly 



CONSTITUTION OF 



ILLINOIS. 



shall, before it becomes a law, be presented to the Gov- 
ernor. If he approve, lie shall sign it, and thereupon it 
shall become a law; but if he do not approve, he shall 
return it, with his objections, to the house in which it 
shall have originated, which house shall enter the objec- 
tions at large upon its journal, and proceed to reconsider 
the bill. If, then, two-thirds of the members elected 
agree to pass the same, it shall be sent, together with 

objections, to the other house, by which it shall like- 
wise be reconsidered; and if approved by two-thirds of 
the members elected to that house, it shall become a law, 
notwithstanding the objections of the Governor. But 
in all such cases, the vote of each house shall be deter- 
mined by yeas and nays, to be entered on the journal. 
Any bill which shall not be returned by the Governor 
within ten days (Sundays excepted) after it shall have 
been presented to him, shall become a law in like man- 
ner a< if he had signed it, unless the general assembly 
shall, bv their adjournment, prevent its return; in which 

it shall be tiled, with his objections, in the office of 
the Secretary of State, within ten days after such ad- 
irnment, or become a law. 

Lieutenant Governor. 

£ 17. In ca<e of death, conviction on impeachment, 
failure to qualify, resignation, absence from the State, or 
other disability of the Governor, the powers, duties and 
tluments of the office for the residue of the term, or 
until the disability shall be removed, shall devolve upon 
the Lieutenant Governor, 

£ iS. The Lieutenant Governor shall be president 
of the vSenate, and shall vote only when the Senate is 
equally divided. The Senate shall choose a president, 
preside in case of the absence or im- 
minent of the Lieutenant Governor, or when he 
shall hold the office of Governor 

£' 19. If there be n<> Lieutenant Governor, or if the 
itenant Governor -hall, for any of the causes speci- 
al ^ 17 of this article, become incapable of perform- 
ing the duties of the office the president of the Senate 
shall act as governor until the vacancy is filled or the 
disability removed; and if the president of the Senate, 
— H 



S6 CONSTITUTION OF ILLINOIS. 

for any of the above named causes, shall become incap- 
able of performing the duties of Governor, the same 
shall devolve upon the speaker of the house of rep- 
resentatives. 

Other State Officers. 

§ 20. If the office of Auditor of Public Accounts T 
Treasurer, Secretary of State, Attorney General, or 
Superintendent of Public Instruction shall be vacated by 
death, resignation or otherwise, it shall be the duty of 
the Governor to fill the same by appointment, and the 
appointee shall hold his office until his successor shall 
be elected and qualified in such manner as may be pro- 
vided by law. An account shall be kept by the officers 
of the executive department, and of all the public institu- 
tions of the State, of all moneys received or disbursed by 
them, severally, from all sources, and for every service 
performed, and a semi-annual report thereof be made to 
the Governor, under oath; and any officer who makes a 
false report shall be guilty of perjury, and punished 
accordingly. 

§ 21. The officers of the executive department, and 
of all the public institutions of the State, shall, at least 
ten days preceding each regular session of the general 
assembly, severally, report to the Governor, who shall 
transmit such reports to the general assembly, together 
with the reports of the judges of the supreme court of 
the defects in the constitution and laws; and the Gov- 
ernor may at any time require information, in writing, 
under oath, from the officers of the executive depart- 
ment, and all officers and managers of State institutions, 
upon any subject relating to the condition, management 
and expenses of their respective offices. 

The Seal of State. 

§ 22. There shall be a seal of the State, which shall 
be called the " Great seal of the State of Illinois," which 
shall be kept by the Secretary of State, and used by 
him, officially, as directed by law. 

Fees and Salaries. 
§ 23. The officers named in this article shalL receive 



CONST I TUT IOX OF ILLINOIS. 87 



for their services a salary., to be established by law, which 
shall not be increased or diminished during their official 
terms, and they shall not, after the expiration of the 
terms of those in office at the adoption of this constitu- 
tion, receive to their own use any fees, costs, perquisites 
of office, or other compensation. And all fees that may 
hereafter be payable by law for any service performed 
by any officer provided for in this article of the constitu- 
tion, shall be paid in advance into the State Treasury 7 . 

Definition and Oath of Office. 

§ 24. An office is a public position created by the 
constitution or law, continuing during the pleasure of 
the appointing power, or for a fixed time, with a succes- 
sor elected or appointed. An employment is an agency, 
for a temporary purpose, which ceases when that pur- 
pose is accomplished. 

§ 25. All civil officers, except members of the gen- 
eral assembly and such inferior officers as may be by law 
exempted, shall, before they enter on the duties of their 
respective offices, take and subscribe the following oath 
or affirmation: 

1 do solemnly swear (or affirm, as the case may be) that I will support the 
constitution of xhe United States, and the constitution of the state of Illi- 
nois, and that I will faithfully discharge the duties of the office of„.^.,, 

according to the best of my ability. 

And no other oath, declaration or test shall Ire re- 
quired as a qualification. 

ARTICLE VI. 

Judicial Department. 

§ 1. The judicial powers, except as in this article is 
otherwise provided, shall be vested in one supreme court, 
circuit courts, county courts, justices of the peace, police 
magistrates, and in such courts as may be created by law 
in and for cities and incorporated towns. 

Supreme Court. 

§ 2. The supreme court shall consist of seven judges, 
and shall have original jurisdiction in cases relating to 
the revenue, in maudamits, and habeas coi'pus, and 



SS CONSTITUTION OF ILLINOIS. 



appellate jurisdiction in all other cases. One of 
judges shall he chief justice; four shall constitute a 
quorum, and the concurrence of four shall be necessary 
to every decision. 

£ 3. No person shall he eligible to the office of ju 
of the supreme court unless he shall he at least thirty 
years of age, and a citizen of the United State-, not 
unless he shall have resided in this State live years 
preceding his election, and he a resident of the district in 
which he shall be elected. 

£ |. Terms of the supreme court shall continue to be 
held in the present grand divisions at the several places 
now provided for holding the same; and until Otherwise 
provided by law, one or more terms <>f said court shall 
be held, for the northern division, in the city of Chic 
each year, at such times a^> said court may appoint, 
whenever said city or the c<>untv of Cook shall provide 
appropriate rooms therefor, and tru- use of a suitable 

library, without expense to the State. The judicial 

divisions may be altered, increased or diminished in 
number, and the times and places of holding said court 
mav be changed by law. 

S 5. The present grand divisions shall be preserved, 

and be denominated Southern, Central and Northern, 

until otherwise provided by law. The State shall be 
divided into seven districts for the election of jud 
and until otherwise provided by law, they shall be a- 
follows: 

First District* — The counties of St. Clair, Clinton, 
Washington, Jefferson, Wayne, Edwards, Wabash. 
White, Hamilton, Franklin, Perry, Randolph, Monroe, 
Jackson, Williamson, Saline Gallatin, Hardin, Pope, 
Union, Johnson, Alexander, Pulaski and Massac. 

Second District. — The counties of Madison, Bond, 
Marion, Clay, Richland, Lawrence, Crawford, Jasper, 
Effingham, Fayette, Montgomery, Macoupin, Shelby, 
Cumberland, Clark, Greene, Jersey, Calhoun and 
Christian. 

Third District, — The counties of Sangamon, Macon, 
Logan, De Witt, Piatt, Douglas, Champaign, Vermil- 
ion, McLean, Livingston, Ford, Iroquois, Coles, Edgar, 
Moultrie and Tazewell. 



CONSTITUTION OF ILLINOIS. 89 



'Fourth District. — The counties of Fulton, McDon- 
ough, Hancock. Schuyler, Brown, Adams, Pike, Mason, 
Menard, Morgan, Cass and Scott. 

Fifth District. — The counties of Knox, Warren, 
Henderson, Mercer, Henry, Stark, Peoria, Marshall, 
Putnam, Bureau, LaSalle, Grundy and Woodford. 

Sixth District. — The counties of Whiteside, Carroll, 
]o Daviess, Stephenson, Winnebago, Boone, McHenry, 
Kane, Kendall, DeKalb, Lee, Ogle and Rock Island. 

venth District. — The counties of Lake, Cook, 
Will, Kankakee and Du Page. 

The boundaries of the districts may be changed at the 
session of the general assembly next preceding the elec- 
tion forjudges herein, and at no other time; but when- 
ever such alterations shall be made, the same shall be 
upon the rule of equality of population, as nearly as 
county boundaries will allow, and the districts shall be 
composed of contiguous counties, in as nearly compact 
form as circumstances will permit. The alteration of 
the districts shall not affect the tenure of office of an) 
judge. 

£ 6. At the time of voting on the adoption of this 
stitution, one judge of the supreme court shall be 
elected by the electors thereof, in each of said districts 
numbered two, three, six and seven, who shall hold his 
office for the term of nine years from the first Monday 
in June, in the year of our Lord 1870. The term of 
office of judges of the supreme court, elected after the 
adoption of this constitution, shall be nine years; and 
on the first Monday of June of the year in which the 
term of any of the judges in office at the adoption of 
constitution, or of the judges then elected, shall ex- 
pire, and every nine years thereafter, there shall be an 
•;«»n for the successor or successors of such judges, 
in the respective districts wherein the term of such 
hall expire. The chief justice shall continue to 
act as >uch until the expiration of the term for which he 
elected, after which the judges shall choose one of 
their number chief justice. 

7. From and after the adoption of this constitution, 
the judges of the supreme court shall each receives 



9° 



CONST ITl T ION OF ILLIN< 



salary of $4,000 per annum, payable quarterly, until 

otherwise provided by law. And after said salaries shall 
be fixed by law, the salaries ot the judges in oilice shall 
not be increased or diminished during the terms 
which said judges have been elected. 

g S. Appeals and writs of error may be taken to the 
supreme court, held in the grand division in which the 
case is decided, or, by consent of the parties, t<> any other 
grand division. 

£ 9. The supreme court shall app )intone reporter of 
its decisions, who shall hold his office for six years, ^uh- 
ject to removal by the court. 

§ 10. At the time of the election for representatives 
in the general assembly, happening next preceding the 
expiration of the terms <>f office of the present clerk 
said court, one clerk of said couri for each division shall 
be elected, whose term of office shall he six \ ears from 
said election, hut who -hall not outer upon the dutU 
his office until the expiration of the term ot* his p: 

cessor, and every six years thereafter, one clerk of said 

COUrt for each division shall he elected. 

Appellate Conn s, 
g 11. After the year of our Lord 1874, inferior ap- 
pellate courts, of uniform organization and jurisdiction, 
may he created in districts formed for that purpose, to 
which such appeals and writs of error as the general 
assembly may provide, may he prosecuted from circuit 
and other courts, and from which appeals and wril 
error shall lie to the supr. me court, in all criminal c 
and cases in which a franchise, or freehold, or the validi- 
ty of a statute is involved, and in such other cas 
may he provided bv law. Such appellate courts shall 
be held by such number of judges of the circuit courts, 
and at such times and places, and in snch manner, as 
may he provided by law; hut no judge shall sit in re- 
view upon cases decided bv him; nor shall said judges 
receive any additional compensation for such services. 



Circuit Courts. 

The circuit courts shall have original jurisdic- 
tion of all causes in law and equity, and such appellate 



§ T2 - 



^ OS S T I TVTI ON OF ILLINOIS. 9 ? 

Jurisdiction as is or may be provided by law, and shall 

hold two or more terms each year in every county. 
The terms of office of judges of circuit courts shall be six 
years. 

S 13. The State, exclusive of the county of Cook 
and other counties having a population of 100,000, 
shall be divided into judicial circuits, prior to the 
expiration of the terms of office of the present 
fudges of the circuit courts. Such circuits shall be 
formed of contiguous counties, in as nearly compact 
form and as nearly equal as circumstances will permit, 
having due regard to business, territory and population, 
and shall not exceed in number one circuit for every 
100,000 of population in the State. One judge shall be 
elected for each of said circuits by the electors thereof. 
New circuits may be formed and the boundaries of cir- 
cuits changed by the general assembly, at its session 
next preceding the election for circuit judges, but at no 
other time: Provided^ that the circuits may be equal- 
ized or changed at the first session of the general 
assembly, after the adoption of this constitution. The 
creation, alteration or change of any circuit shall not af- 
fect the tenure of office of any judge. Whenever the 
business of the circuit court of any one, or of two or 
more contiguous counties, containing a population ex- 
ceeding 50,000, shall occupy nine months of the year, 
the general assembly may make of snch countv, or 
counties, a separate circuit. Whenever additional cir- 
- are created, the forgoing limitations shall be ob- 
served. 

f: 14. The general assembly shall provide for the 
times of holding court in each countv; which shall not 
be changed, except bv the general assembly next pre- 
ceding the general election for judges of said courts; 
additioual terms may be provided for in any county. 
The election for judges of the circuit courts shall be 
held on the first Monday in June, in the year of our 
Lord 18731 and every six years thereafter. 

\ 15. Tin- general assembly may divide the State 
licial crrcu greater population and territory, 

of the circuit- provided for in section I j of this 






Q2 CONSTITUTION OF ILLINOIS. 






article, and provide for the election therein, severally, hy 
the electors thereof, by general ticket, of not exceeding 
four judges, who shall hold the circuit courts in the cir- 
cuit for which they shall be elected, in such manner as 
may be provided by law. 

§ 16. From and after the adoption of this constitu- 
tion, judges of the circuit courts shall receive a salary of 
$3,000 per annum, payable quarterly, until otherwise 
provided by law. And after their salaries shall be fixed 
by law, they shall not be increased or diminished during 
the terms for which said judges shall be, respectively, 
elected; and from and after the adoption of this consti- 
tution, no judge of the supreme or circuit court shall re- 
ceive any other compensation, perquisite or benefit, in 
any form whatsoever, nor perform any other than judi- 
ciel duties to which may belong any emoluments. 

§ 17. No person shall be eligible to the office of 
judge of the circuit or inferior court, or to membership 
in the "board of county commissioners," unless he shall 
be at least 25 years of age, and a citizen of the United 
States, nor unless he shall have resided in this State five 
years next preceding his election, and be a resident of 
the circuit, county, city, cities, or incorporated town in 
which he shall be elected. 

County Courts. 

§ 18. There shall be elected in and for each county, 
one county judge and one clerk of the county court, 
whose terms of office shall be four years. Bnt the gen- 
eral assembly may create districts of two or more con- 
tiguous counties, in each of which shall be elected one 
judge, who shall take the place of, and exercise the 
powers and jurisdiction of county judges in such dis- 
tricts. County courts shall be courts of record, and shall 
have original jurisdiction in all matters of probate; 
settlement of estates of deceased persons; appoint- 
ment of guardians and conservators, and settle- 
ments of their accounts; in all matters relating to ap- 
prentices; and in proceedings for the collection of taxes 
and assessments, and such other jurisdiction as may be 
provided for by general law. 



CONSTITUTION OF ILLINOIS. 



93 



§ 19. Appeals and writs of error shall be allowed 
from final determinations of county courts, as may be 
provided by law. 

Probate Courts. 

§ 20. The general assembly may provide for the 
establishment of a probate court in each county having 
a population of over 50,000, and for the election of a 
judge thereof, whose term of office shall be the same as 
tnat of the county judge, and who shall be elected at 
the same time and in the same manner. Said courts, 
when establisned, shall have original jurisdiction of all 
probate matters, the settlement of estates of deceased 
persons, the appointment ot guardians and conservators, 
and settlement of their accounts; in all matters relating 
to apprentices, and in cases of the sales of real estate of 
deceased persons for the payment of debts. 

Justices of the Peace And Constables. 

§ 21. Justices of the peace, police magistrates, and 
constables shall be elected in and for such districts as 
are, or may be, provided by law, and the jurisdiction of 
such justices of the peace and police magistrates shall be 
uniform. 

State's Attorneys. 

§ 22. At the election for members of the general 
assembly in the year of our Lord 1872, and every four 
years thereafter, there shall be elected a State's attorney 
in and for each county, in lieu of the State's attorneys 
now provided by law, whose term of office shall be four 
years. 

Courts of Cook County. 

§ 23. The county of Cook shall be one judicial cir- 
cuit. The circuit court of Cook county shall consist of 
five judges, until their nmnber shall be increased, as 
herein provided. The present judge of the recorder's 
court of the city of Chicago, and the present judge of 
the circuit court of Cook county, shall be two of said 

— H2 



94 CONSTITUTION* OF ILLINOIS, 

judges, and shall remain in office for the terms for 
which they were respectively elected, and until then- 
successors shall be elected and qualified. The superior 
court of Chicago shall be continued, and called the 
superior court of Cook county. The general assembly 
may increase the number of said judges, by adding one 
to either of said courts for eveiy additional 50,000 in- 
habitant^ in said county, over and above a population of 
400,000. The terms of office of the judges of said 
courts hereafter elected, shall be six years. 

§ 24. The judge having the shortest unexpired term 
shall be chief justice of the court of which he is ju 
In ease there are two or more whose terms expire at the 
same time, it may be determined by lot which shall be 

chief justice. Any fudge of either of said courts shall 
have all the powers of a circuit judge, and may hold the 

court of which he is a member. Bach of them may 
hold a different branch thereof al the same time. 

§ 25. The judges of the superior and circuit courts, 
and the State's attorney, in said county, shall receive 
the same salaries, payable out of the State treasur 
Is or may be paid from said treasury to the circuit ju I 
and State's attorneys of the State, and SU :h further com- 
pensation, to be paid by the county of Cook, as i>; or 
may be provided bylaw; such compensation shall not 
be changed during their continuance in office. 

$26. The recorder's court of the city of Chit 
shall be continued, and shall be called the u Criminal 
Court of Cook County ." It shall have the jurisdiction 
of a circuit court, in all cases of criminal and quasi 
criminal nature, arising in the county of Cook, or that 
may be brought before said court pursuant to law: and 
all recognizances and appeals taken in said county, in 
criminal and quasi criminal cases shall be returnable 
and taken to said court. It shall have no jurisdiction in 
civil cases, except in those on behalf of the people, and 
incident to such criminal or quasi criminal matters, and 
to dispose of unfinished business. The terms of said 
criminal court of Cook county shall be held by one or 
more of the judges of the circuit or superior court of 
Cook county, as nearly as may be in alternation, as may 



CONST I TIT I OX OK ILLINOIS. 9^ 



be determined by said judges, or provided by law. Said 

judges shall be ex-oficio judges of -aid court. 

g 27. The present clerk of the recorder's court of 
the city of Chicago, shall he the clerk of the criminal 
court of Cook county, during the term for which he was 
elected. The present clerks of the superior court of 
Chicago, and the present clerk of the circuit court of 

k county, shall continue in office during the terms 
for which tliey were respectively elected; and thereafter 
there shall he hut one clerk of the superior court, to he 
elected by the qualified electors of said county, who 
shall hold his office for the term of four years, and until 
hi- successor i^ elected and qualified. 

§ jS. All justices of the peace in the city of Chicago 
shall he appointed by the governor, by and with the ad- 
vice and consent of the senate, (but only upon the 

mm nidation of a majority of the judges of the cir- 
cuit, superior and county courts,) and for such districts 

re now or shall hereafter he provided by law. They 
shall hold their otrices for four years, and until their suc- 

>rs have been commissioned and qualified, hut they 
may he removed by summary proceeding in the circuit 

uperior court, for extortion or other malfeasance. 
Existing justices of the peace and police magistrates 
may hold their offices until the expiration of their 
respective terms. 

G E x R R a l Provision^. 
g 29. All judicial officers shall be commissioned by 
the governor. All laws relating to courts shall he 'j^cn- 
eral, and of uniform operation; and the organization, 
sdiction, powers, proceedings and practice of all 
. >f the same class or grade, so far as regulated by 
law, and the force and effect of the process, judgments 
and decree- of such courts, severally, shall he uniform. 
JO. The general assembly may, for cause entered 
on the journal-, upon due notice and opportunity of de- 
fense, remove from office any judge, upon concurrence 
of three-fourths of all the members elected, of each 
All other officers in this article mentioned, shall 
he removed from office on prosecution and final convic- 
tion, for misdemeanor in offi 









96 CONSTITUTION OP ILLINOIS. 

g 31. All judges of courts of record, inferior to 
supreme court, shall, on or before the Mist day of Juik\ 
of each year, report in writing to the ju f the 

supreme court, such defects and omissions in the law 
their experience may suggest; and the judges of the 
supreme court shall, on or before the first day of Jan- 
ucry of each year, report in writing to tl 1 nor 

such defects and omissions in the constitution and I 
as they may find to exist, together with appropriate 
forms of hills to cure such defects and omissions in the 
laws. And the judges of the several circuit courts ^ 1ml 1 
report to the next general assembly the number of days 
they have held court in the several counties compo 
their respi dive circuits, the- preceding two ve.-i 

g 32. All officers) provided for in this article shall 

.hold their offices until their shall be qualified, 

and they shall, respectively, reside in the division, 

CUlt, county or district for which they ma\ be elected or 

appointed. The terms of office of all such officers, 

where not otherwise prescribed in this article, shall he 
four years. Ail offic rs, where not otherwise provided 
for in this article, shall perform such duties and re 

53. All process shall run: In the name of the 
People of the State of Illinois ; and all prosecutions 
shall be carried on: /// the name and by the auth 
of the People of the State of Illinois y and conclude: 
Against the peace and dignity of IJie sam* pula- 

tion," wherever used in this article, shall be determined 
by the next preceding census of this State, or of the 
United States. 

ARTICLE VII. 

SUFFH AGE. 

g I. Every person having resided in this State 
year, in the county ninety days, and in the election dis- 
trict thirty days n< xt preceding any election therein, who 
was an elector in this State on the first day of April, in 
the v ar of our Lord 1S4S, or obtained a certificate of 
naturalization before any court of record m this State 
prior to the first day of January, in the year of our 1 
1870, or who shall be a male citizen of the United State-. 



CONSTITUTION OF ILLINOIS. 97 



above the ago of twenty-one years, shall be entitled to 
vote at such election. 

§ 2. All votes shall be by ballot. 

£ 3. Electors shall, in all cases except treason, felony, 
or breach of the peace, be privileged from arrest during 
their attendance at elections, and in going to and return- 
ing from the same. And no elector shall be obliged to 
nilitary duty on the days of election, except in time 
of war or public danger. 

£ 4. Xo elector shall be deemed to have lost his 
residence in this State by reason of his absence on busi- 
ness of the United States, or of this State, or in the 
military or naval service of the United States, 
such compensation as is or may be provided by law. 
Vacancies in such elective offices shall be filled bv elec- 
tion; but where the unexpired term does not exceed one 
year, the vacancy shall be filled by appointment, as fol- 
lows: Of judges, by the governor; of clerks of courts, 
by the court to which the office appertains, or by the 
judge or judges thereof; and of all such other offices, by 
the board of supervisors or board of county commission- 
ers in the county where the vacancy occurs. 

S 5. Xo soldier, seaman or marine in the army or 
navy of the United States shall be deemed a resident of 
this State in consequence of being stationed therein. 

§ 6. Xo person shall be elected or appointed to any 
office in this State, civil or military, who is not a citizen 
of the United States, and who shall not have resided in 
this State one year next preceding the election or 
appointment. 

7. The general assembly shall pass laws excluding 
from the right of suffrage persons convicted of infamous 
crimes. 

ARTICLE VIII. 

EDUCATION. 

^ i. The general assembly shall provide a thorough 
and efficient system of free school-, whereby all children 
of this State may receive a good common school edu- 
cation. 

All lands, moneys, or other property, donated. 



98 CONSTITCTION OF ILLINOIS. 



granted or received for school, college, seminary or uni- 
versity purposes, and the proceeds thereof, shall he faith- 
fully applied to the objects for which such gifts or grants 
were made. 

§ 3. Neither the general assembly nor any county, 
city, town, township, school district, or other public cor- 
poration, shall ever make any appropriation or pay from 
any public fund whatever, anything in aid of any church 
or sectarian purpose, or to help support or sustain any 
school, academy, seminary, coll- ge, university, or other 
literary or scientific institution, controlled by any church 
or sectarian denomination whatever: nor shall any grant 
or donation of land, money, or other personal pro] 
ever be made by the State or any such public corj 
tion, to any church, or for any sectarian purpose, 

g 4. No teacher, State, county, township, or district 
school officer shall be interested in the sale, proceeds or 

profits of any books, apparatus or furniture, used or to 

be used, in any school in this State, with which such 
officer or teacher may be connected, under such penal- 
ties as may he provided by the general assembly. 

g 5. There may be a county superintendent of 

schools in each count}', whose qualifications, power-, 
duties, compensation, and time and manner of election. 
and term of office, shall be prescribed by law. 

ARTICLE IX. 

Rev 1: nik. 

§ 1. The general assembly shall provide such reve- 
nue as may be needful by levying a tax, by valuation, so 
that every person and corporation shall pay a tax in pro- 
portion to the value of his, her or its property — such 
value to be ascertained by some person or persons, to be 
elected or appointed in such manner as the general 
assembly shall direct, and not otherwise; but the general 
assembly shall have power to tax pedlers, auctioneers, 
brokers, hawkers, merchants, commission merchants, 
showmen, jugglers, inn-keepers, grocery keepers, liquor 
dealers, toll bridges, ferries, insurance, telegraph and 
express interests or business, venders of patents, and 



CONSTITUTION OF ILLINOIS. 99 

persons or corporations owning or using franchises and 
privileges, in such manner as it shall from time to time 
direct by general law, uniform as to the class upon which 
it operates. 

§ 2. The specification of the objects and subjects of 
taxation shall not deprive the general assembly of the 
power to require other subjects or objects to be taxed in 
such manner as may be consistent with the principles of 
taxation fixed in this constitution. 

I 3. The property of the State, counties, and other 
municipal corporations, both real and personal, and such 
other property, as may be used exclusively for agricul- 
tural and horticultural societies, for school, religious, 
cemetery and charitable purposes, may be exempted 
from taxation; but such exemption shall be only by 
general law. In the assessment of real estate incum- 
bered bv public easement, any depreciation occasioned 
by such easement ma)- be deducted in the valuation of 
such property. 

§ 4. The general assembly shall provide, in all cases 
where it may be necessary to sell real estate for the non- 
payment of taxes or special assessments for State, county, 
municipal or other purposes, that a return of such un- 
paid taxes or assessments shall be made to some general 
officer of the county having authority to receive State 
and county taxes; and there shall be no sale of sa d 
property for any of said taxes or assessments but by said 
officer, upon the order or judgment of some court of 
record. 

I 5. The right of redemption from all sales of real 
I - e for the non-payment of taxes or special assessments 
of any character whatever, shall exist in fa vor of owners 
and persons interested in such real estate, for a period of 
not le-s than two years from such sales thereof. And 
the general assembly shall provide by law for reason- 
able notice to be given to the owners or parties inter- 
1, by publication or Otherwise, of the fact of the sale 
of the property for such taxes or assessments, and when 

the time of redemption shall expire: Provided, that 
occupants shall in all cases be served with personal 
tic-* before the time of redemption expire 



IOO CONSTITUTION OF ILLINOIS, 



§ 6. The general assembly shall have no power to 
release or discharge any county, city, township, town 01 
district whatever, or the inhabitants thereof or the 
property therein, from their or its proportionate share 
of taxes to be levied for State purposes nor shall t 
mutation for such taxes be authorized in any form what- 
soever. 

§ 7. All taxes levied for State purposes shall be paid 
into the State treasury. 

§ S. County authorities shall never ass< , the 

aggregate of which shall exceed 7^ cents per $IOO val- 
uation, except for the payment of indebtedness existing 
at the adoption of this constitution, unless authorized by 

a vote of the people of the county. 

£ 9. The general assembly may vest the corpo 
authorities of cities, towns and villages, With power to 

make local improvements by special assessment <»i by 
special taxation of contiguous propeity, or othcrv 

For all other corporate purposes, all municipal corp ra- 
tions may be vested with authority to a--ess and collect 
taxes; but such taxes shall be uniform in respect to per- 
sons and property, within the jurisdiction of the I 
imposing the same. 

g 10. The general assembly shall not impos 
upon municipal corporations, or the inhabitants or prop- 
erty thereof, tor coiporate purposes, but shall require 
that all the taxable property within the limits of muni- 
cipal corporations shall be taxed for the payment of 
debts contracted under authority of law, such taxes t<> 
be uniform in respect to persons and property, within 
the jurisdiction of the body imposing the same. Pri- 
vate property shall not be liable to be taken or sold for 
the payment of the corporate debts of a municipal cor- 
poration. 

§ 11. No person who is in default, as collector or 
custodian of money or property belonging to a munici- 
pal corporation, shall be eligible to any office in or under 
such corporation. The fees, salary or compensation of 
no municipal officer who is elected or appointed for a 
definite term of office, shall be increased or diminished 
during such term. 



CONST I ITT I OX OF ILLINOIS. IOT 



12. No county, city, township, school district, or 
other municipal corporation, shall he allowed to become 
indebted in any manner or for any purpose, to an 
amount, including existing- indebtedness, in the aggre- 
gate exceeding rive per centum on the value of the tax- 
able propertv therein, to be ascertained by the last as- 
sessment for State and county taxes, previous to the in- 
curring of such indebtedness. Any county, city, school 
district, or other municipal corporation, incurring any 
indebtedness as aforesaid, shall before, or at the time of 
doing so, provide for the collection of a direct annual tax 
Sufficient to pay the interest on such debt as it falls due, 
and also to pay and discharge the principal thereof with- 
in twenty years from the time of contracting the same. 
This section shall not be construed to prevent any 
countv, citv, township, school district, or other munici- 
pal corporation, from issuing their bonds in compliance 
with any vote of the people which may have been had 
prior to the adoption of this constitution in pursuance of 
any law providing therefor. 

ARTICLE X, 
Counties. 

g i. No new countv shall be formed or established 
by the general assembly, which will reduce the county 
or counties, or either of them, from which it shall be 
taken, to less contents than 400 square miles; nor shall 
any county be formed of less contents; nor shall any 
line thereof pass within less than ten miles of any county 
seat of the countv or counties proposed to be divided. 

_. No county shall be divided, or have any part 
stricken therefrom, without submitting the question to 
a vote of the people ot the count}-, nor unless a majority 
of all the legal voters of the count}-, voting on the ques- 
tion, shall vote for the same. 

^ 3. There shall be no territory stricken from any 
count}', unless a majority of the voters living in sucn 
territory shall petition for such division; and no terri- 
tory shall be added to any countv without the consent of 
the majority of the voters of the county to which it is 



£03 CONSTITUTION OF ILLINOIS. 



proposed to be added. But the portion so stricken off 
and added to another county, or formed in whole or ill 
part into a new county, shall be holdeu for, and obi: 
to pay its proportion of the indebtedness of the county 
from which it has been taken. 

Count* Si \r\ 

^ 4. NO county seat shall he removed until the point 
to which it is proposed to be removed shall be fixed in 
pursuance of law, and three-fifths of the voters of the 
county, to be ascertained in such manner as shall be pro- 
vided by general law, shall have voted in favor of it- re- 
moval to such point; and no person shall vote on such 
question who has not resided in the count} six months, 
and in the electii n precinct ninety days next preceding 
such election. The question of the removal of a county 
seat shall not be oftener submitted than once in ten 
years, to a vote of the people. Hut when an attempt is 
made to remove a county seat to a point nearer to the 
centre of a county, then a majority vote only shall be 
necessary. 

Cor x ty GoVBB x M 1 XT. 

£ ^. The genera] assembly shall provide, by general 
law, for township organization, under which any county 
may organize whenever a majority of the legal vote 

such county, voting at any general election, shall so de- 
termine, and whenever any county shall adopt township 
organization, so much of this constitution as provides for 
the management of the fiscal concerns of the said county 
by the board of county commissioners, may be dispt •: 
with, and the affairs of said county may he transacted in 
such manner as the general assembly may provide. And 
in any county that shall have adopted a township organi- 
zation, the question of continuing the same may be sub- 
mitted to a vote of the electors of such county, at a 
general election, in the manner that now is or may be 
provided by law; and if a majority of all the votts cast 
upon that question shall be against township organiza- 
tion, then such organization shall cease in said county; 
and all laws in force in relation to couuties not having 



\SMTUTlON" OF ILLINOIS. I OJ 

township organization, shall immediately take effect and 

h>3 in force in such county. No two townships shall 
have the same name, and the day of holding the annual 
township meeting shall be uniform throughout the 
State. 

| 6. At the first election of county judges under 
this constitution, there shall be elected in each of the 
counties in this State, not under township organization, 
three officers, who shall be styled " the board of county 
commissioners,"' who shall hold sessions for the trans- 
action of county business as shall be provided by law. 
One of said commissioners shall hold his office for one 
year, one for two years, and one for three years, to be 
determined by lot; and every year thereafter one such 
pfficer shall be elected in each of said counties for the 
term of three years. 

J 7. The county affairs of Cook county shall be 
managed by a board of commissioners of fifteen per- 
sons, ten of whom shall be elected from the city of 
Chicago, and five from towns outside of said city, in 
such manner as may be provided by law. 

County Officers and their Compensation. 

g 8. In each county there shall be elected the follow- 
ing county officers; County judge, sheriff, county clerk, 
clerk of the circuit court, (who maybe ex-officio recorder 
of deeds, except in counties having 60,000 and more in- 
habitants, in which counties a recorder of deeds shall be 
elected at the general election in the year of our Lord 
[S72,) treasurer, surveyor and coroner, each of whom 
shall enter upon the duties of his office, respectively, on 
the first Monday of December after their election; and 
they shall hold their respective offices for the term of 
four years, except the treasurer, sheriff and coroner, who 
shall hold their offices for two years, and until their suc- 
cessors shall be elected and qualified. 

i. The clerks of the courts of record, the treas- 
urer, sheriff, coroner and recorder of deeds of Cook 
bounty, shall receive as their onh compensation for their 
services, salaries to be fixed by law, which shall in no 
be as much as the lawful compensation of a judge 



IO4 CONSTITUTION OF ILLINOIS. 

of the circuit court of said county, and shall be paid, re- 
spectively, only out of the fees of the office actually col- 
lected. All fees, perquisites and emoluments (a) 
the amount of said salaries) shall be paid into the coun- 
ty treasury. The number of the deputies and assistants 
of such officers shall be determined by rule of the cir- 
cuit court, to be entered of record, and their compe 
tion shall be determined by the county board. 

g 10. The county board, except as provided in g 9 
of this article, shall fix the compensation of all county 
officers, with the amount of their nesessary clerk hire, 
stationery, fuel and other expenses, and in all < 
where fees are provided for, said compensation shall be 
paid out of, and shall in no instance exceed, the fee* 
actually Collected; thev shall not allow either of them 
more per annum than $1,500, in counties not exceeding 
20,000 inhabitants; $2,000 in counties containing 20,000 
and not exceeding ;;o,ooo inhabitant >o in coun- 

ties containing 3o,(x>o and not exceeding ^oocx.) inhabit- 
ants; $3,000 in counties containing 50,000 and not ex- 
ceeding 70,000 inhabitants; $3,^00 in counties contain- 
ing 70,000 and not exceeding 100,000 inhabitants; and 
$4,000 in counties containing over 100,000 and not ex- 
ceeding 250,000 inhabitants; and not more than $1,000 
additional compensation for each additional 100,000 in- 
habitants: Provided, that the compensation of no offi- 
cer shall be increased or diminished during his term of 
office. All fees or allowances by them received, in ex- 
cess of their said compensation, shall be paid into the 
county treasury. 

s< 11. The fees of township officers, and of each 
class of county officers, shall be uniform in the clas 
counties to which thev respectfully belong. The com- 
pensation herein provided for shall apply only to officers 
hereafter elected, but all fees established by special law- 
shall cease at the adoption of this constitution, and such 
officers shall receive only such fees as are provided by 
general law. 

§ 12. All laws fixing the fees of State, county and 
township officers, shall terminate with the terms, re- 
spectively, of those who may be in office at the meeting 



CONSTITUTION OF ILLINOIS. IO; 



o{ the first general aeserably after the adoption of this 
constitution; and the general assembly shall, by general 
law, uniform in its operation, provide for and regulate the 

of said officers and their successors, so as to reduce 
the same to a reasonable compensation for services 
actually rendered. But the general assembly may, by 
general law, classify the counties by population into not 
more than three classes, and regulate the fees according 
to class. This article shall not be construed as depriv- 
ing the general assembly of the power to reduce the 

of existing officers. 
J 13. Every person who is elected or appointed to 
anv office in this State, who shall be paid in whole or 
in part by fees, shall be required by law to make a semi- 
annual report, under oath, to some officer to be desig- 
nated by law, of all his fees and emoluments. 

ARTICLE XI. 

Corporations. 

sj 1. Xo corporation shall be created by special laws, 
or its charter extended, changed or amended, except 
those for charitable, educational, penal or reformatory 
purposes, which are to be and remain under the patron- 

md control of the State, but the general assembly 
shall provide, by general laws, for the organization of 
all corporations hereafter to be created. 

:. All existing charters or grants of special or ex- 
clusive privileges, under which organization shall not 
have taken place, or which shall not have been in oper- 
ation within ten days from tine time this constitution 
takes effect, shall thereafter have no validity or effect 
whatever. 

The general assembly shall provide, by law, 
that in all elections for directors or managers of incor- 
porated companies, every stockholder shall have the 
right to vote, in person or by proxy, for the number of 
shaiv k owned by him, for as many persons as 

there arc directors 01- managers to be elected, or to cul- 
minate said shares, and give one candidate as manv votes 

e number of directors multiplied by the number oi 
hi- shares of Stock, shall equal, or to distribute them on 

— 12 






Io6 CONST I TUT I OX OF ILLINOIS. 



the same principle among as many candidates as he shall 
think fit; and such directors or managers shall not be 
elected in any other manner. 

§ 4. No law shall be passed by the general assembly 
granting the right to construct and operate a street rail- 
road within any city, town, or incorporated vill 
without requiring the consent of the local authorities 
having the control of the street or highway proposed to 
be occupied by such street railroad. 

Banks. 

§ 5. No State bank shall hereafter be created, nor 
shall the State own or be liable for any stock in any cor- 
poration or joint stock company or association tor bank- 
ing purposes, now created, or to be hereafter created. 
No act of the general assembly authorizing or creating 
corporations or associations, with banking powers, 
whether of issue, deposit or discount, nor amendments 
thereto, shall go into effect or in any manner be in 1 
unless the same shall be submitted to a vote of the peo- 
ple at the general election next succeeding the pa- 
of the same, and be approved by a majority of all the 
votes cast at such election for or against such law. 

§ 6. Every stockholder in a banking corporation or 
institution shall be individually responsible and liable to 
its creditors, over and above the amount of stock by him 
or her held, to an amount equal to his or her respective 
shares so held, for all its liabilities accruing while he or 
she remains stockholder. 

£ 7. The suspension of specie payments by banking 
institutions, on their circulation, created by the laws of 
this State, shall never be permitted or sanctioned. Every 
banking association now, or which may hereafter be, 
organized under the laws of this State, shall make and 
publish a full and accurate quarterly statement of its af- 
fairs, (which shall be certified to, under oath, by one or 
more of its officers,) as may be provided by law. 

§ 8. If a general banking law shall be enacted, it 
shall provide for the registry and countersigning, by an 
officer of state, of all bills or paper credit, designed to 
circulate as money, and require security, to the full 



CONSTITUTION OF ILLINOIS. IOJ 



amount thereof, to be deposited with the State treasurer, 
in United States or Illinois State stocks, to be rated at 
ten per cent, below their par value: and in case of a 
depreciation ot said stocks to the amount of ten per 
cent, below par, the bank or banks owning said stocks 
shall be required to make up said deficiency, by deposit- 
ing additional stocks. And said law shall also provide 
tor the recording o\ the names of all stockholders in 
such corporations, the amount c>t' stock heid by each, 
the time of any transfer thereof, and to whom such 
transfer is made. 

Railroads, 

g 9. Every railroad corporation organized or doing 
business in this State, under the laws or authority there- 
of, shall have and maintain a public office or place in 
this State for the transaction of its business, where trans- 
of stock shall be made, and in which shall be kept, 
for public inspection, books, in which shall be recorded 
the amount of capital stock subscribed, and by whom; 
the names of the owners of its stock, and the amount 
owned by them respectively; the amount of stock paid 
in, and by whom; the transfers of said stock; the 
amount of assets and liabilities, and the names and place 
of residence of its officers. The directors of every 
railroad corporation shall, annually, make a report, un- 
>ath, to the auditor of public accounts, or some offi- 
cer to be designated by law, of all their acts and doings, 
which report shall include such matters relating to rail- 
may be prescribed by law. And the general 
nbly shall pass laws enforcing by suitable penalties 
the provisions of this section. 

g 10. The rolling Stock, and all other movable prop- 
belonging to any railroad company or corporation 
in this State, shall be considered personal property, and 
shall be liable to execution :\m\ sale in the same manner 
e personal property of individuals, and the general 
assembly shall pa-- no law exempting any such proper- 
ty from execution and -ale. 

S ii. No railroad corporation shall consolidate its 

k, property or franchises with any other railroad 



IoS CONSTITUTION OF ILLINOIS. 

corporation owning a parallel or competing line; and in 
no case shall any consolidation take place except upon 
public notice given, of at least sixty clays, to all stock- 
holders, in such manner as may be provided bv law. 
majority of the directors of any railroad corporation, 
now incorporated or hereafter to be incorporated bv the 
laws of this State, shall be citizens and residents of this 
State. 

§ 12. Railways heretofore constructed, or that may 
hereafter be constructed in this State, aie hereby de- 
clared public highways, and shall be free to all persona 
for the transportation of their persons and property 
thereon, under such regulations as may be prescribed In- 
law. And the general assembly shall, from time to 
time, pass laws establishing reasonable maximum rates 
of charges for the transportation of passengers and 
freight on the different railroads in this State. 

8 13, No railroad corporation shall issue any stock 
or bonds, except for money, labor or property, actually 
received, and applied to the purposes for which such 
corporation was created; and all stock dividends, and 
o^her fictitious increase of the capital stock or indebted- 
ness of any such corporation, shall be void. The capi- 
tal stock of no railroad corporation shall be increased for 
any purpose, except upon giving sixty days' public 
notice, in such manner as may be provided bv law. 

£j 14. The exercise of the power, and the right of 
erninent domain shall never be SO construed or abridged 
as to prevent the taking, by the general assembly, of 
the property and franchises of incorporated companic 
already organized, and subjecting them to the public 
neccssitv the same as of individuals. The light of trial 
by jury shall be held inviolate in all trials of claims for 
compensation, when, in the exercise of the said right 
of eminent domain, any incorpora'ed company shall be 
interested either for or against the exercise of said right. 

§ 15. The general assembly shall pass laws to cor- 
rect abuses and prevent unjust discrimination and extor- 
tion in the rates of freight and passenger tariffs on the 
different railroads in this State, and enforce such laws, 
by adequate penalties, to the extent, if necessary for that 
purpose, of forfeiture of their property and franchi 



CONSTITUTION OF ILLINOIS, 109 



ARTICLE XII. 

MILITIA. 

g I. The militia of the State of Illinois shall consist 
of all able-bodied male persons, resident in the State, 
between the ages of eighteen and forty-five, except such 
persons as now are, or hereafter may be, exempted by 
the laws o( the United States, or of this State. 

^ 2. The general assembly, in providing for the 
organization, equipment and discipline of the militia, 
shall conform as nearly as practicable to the regulations 
for the government of the armies of the United States. 

I J. All militia officer's shall be commissioned by the 
governor, and may hold their commissions for such time 
as the general assembly may provide. 

S 4. The militia shall, in all cases, except treason, 
felony or breach of the peace, be privileged from arrest 
during their attendance at musters or elections, and in 
going to and returning from the same. 

I 5, The military records, banners and relics of the 
State, shall be preserved as an enduring memorial of the 
patriotism and valor of Illinois, and it shall be the duty 
of the general assembly to provide by law for the safe 
keeping of the same. 

Xo person having conscientious scruples against 
ng arms, shall be compelled to do militia duty in 
time of peace: Provided^ such persons shall pay an 
equivalent for such exemption. 

ARTICLE XIII. 

Warehouses. 

\ r. All elevator- or storehouses where grain or 
property is stored for a compensation, whether the prop- 
erty stored be kept separate or not, are declared to be 
public warehoi; 

The owner, lessee or manager of each and 
every public warehouse situated in anv town or city of 
not less than 100,000 inhabitant-, shall make weekly 
statements, under oath, before some officer to be desig- 

-j 



HO CONSTITUTION OP iLLfffO 



nated by law, and keep the same posted in some con^ 
spicuous place in the office of such warehouse, and shall 
also file a copy for public examination in such place aa 
shall be designated by law, which statement shall cor- 
rectly set forth the amount and grade of each and even 
kind of grain in such warehouse, together with such 
other property as may be stored therein, and what ware 
house receipts have been issued, and are, at the time of 
making such statement, outstanding therefor; and shall, 
on the copy posted in the warehouse, note daily such 
changes as may be made in the quantity and grade of" 
gram in such warehouse; and the different grades of 
grain shipped in separate lots, shall not. be mixed with 
inferior or superior grades, without the consent of the 
owner or consignee thereof. 

g 3. The owners of property stored in any \\ 
house, or holder of a receipt for the same, shall alv. 
be at liberty to examine such property stored, and all 
the books and records of the warehouse in regard to 

such property, 

£ 4. All railroad companies and other common 1 
riers on railroads shall weigh or measure at points where 
it is shipped, and receipt for the full amount, and shall 
be responsible for the delivery of such amount to the 
owner or consignee thereof, at the place ^f destination* 

8 5. All 1 ail road companies receiving and transport- 
ing grain in bulk or otherwise, shall deliver the same t" 
any consignee thereof, or any elevator or public ware- 
house to which it may be consigned, provided such con- 
signee or the elevator or public warehouse can be 
reached by any track owned, leased or used, or which 
can be used, by such railroad companies; and all rail- 
road companies shall permit connections to be made 
with their track, so that any such consignee, and any 
public warehouse, coal bank or coal yard, may W 
reached by the cars on said railroad. 

§ 6. It shall be the duty of the general assembly to 
pass all necessary laws to prevent the issue of false and 
fraudulent warehouse receipts, and to give full effect to 
this article of the constitution, which shall be liberally 
construed so as to protect producers and shippers. And 
the enumeration of the remedies herein named shall not 



CONSTITUTION' OF ILLINOIS. Ill 



be construed to deny to the general assembly the power 
to prescribe by law such other and further remedies as 
may be found expedient, or to deprive any person of ex- 
isting common law remedies. 

§ 7. The general assembly shall pass laws for the 
inspection of grain, for the protection of producers, 
shippers and receivers of grain and produce. 

ARTICLE XIV. 
Amendments to the Constitution. 

§ 1. Whenever two-thirds of the members of each 
house of the general assembly shall, by a vote entered 
upon the journals thereof concur that a convention is 
necessary to revise, alter or amend the constitution, the 
question shall be submitted to the electors at the next 
general election. If a majority voting at the election 
vote for a convention, the general assembly shall, at the 
next session, provide for a convention, to consist of 
double the number of members of the senate, to be 
elected in the same manner, at the same places, and in 
the same districts. The general assembly shall, in the 
act calling the convention, designate the day, hour and 
plnce of its meeting, fix the pay of its members and 
officers, and provide for the payment of the same, 
together with expenses necessarily incurred by the 
convention in the performance of its duties. Before 
proceeding, the members shall take an oath to sup- 
port the constitution of the United States, and of the 
State of Illinois, and to faithfully discharge their 
duties as members of the convention. The qualifica- 
tion of members shall be the same as that of members 
of the senate, and vacancies occurring shall be filled in 
the manner provided for filling vacancies in the general 
mbly. Said convention shall meet within three 
months after such election, and prepare such revision, 
alteration or amendments of the constitution as shall be 
deemed necessary, which shall be submitted to the elec- 
tor- for their ratification or rejection, at an election ap- 
pointed by the convention for thai purpose, not le^s than 
two nor more than six months after the adjournment 



112 CONSTITUTION OF ILLINOIS. 



thereof; and unless so submitted and approved by a ma- 
jority of the electors voting at the election, no such re- 
vision, alterations or amendments shall take effect. 

§ 2. Amendments to this constitution may be pro- 
posed in either house of the general assembly, and if the 
same shall he voted for by two-thirds of all the mem- 
bers elected to each of the two houses, such prop 
amendments, together with the yeas and nays of each 
house thereon, shall be entered in full on their respec- 
tive journals, and said amendments shall be submitted to 
the electors of this State for adoption or rejection, at the 
next election of members ot the general assembly, in 
such manner as may be prescribed by law. The pro- 
posed amendments shall be published in full at least 
three months preceding the election, and if a majoril 
the electors voting at said election shall vote for the pro- 
posed amendments, they shall become a part of this con- 
stitution. But the general assembly shall have no power 
to propose amendments to more than one article of this 
constitution at the same ^es^ion, nor to the same article 
oftener than once in four years. 

SEPARATE SECTIONS. 

No contract, obligation or liability whatever, of the 
Illinois Central Railroad Company, to pay any money 
into the State treasury, nor any lien of the State upon, 
or right to tax property of said company, in accordance 
with the provisions of the charter of said company, ap- 
proved February ioth, in the year of our Lord 1851, 
shall ever be released, suspended, modified, altered, re- 
mitted, or in any manner diminished or impaired by 
legislative or other authority; and all moneys derived 
from said company, after the payment of the Slate debt, 
shall he appropriated and set apart for the payment of 
the ordinary expenses of the State government, and for 
no other purposes whatever. 

Municipal Subscriptions to Railroads ok Pri- 
vate Corporations. 

No county, city, town, township, or other munici- 
pality, shall ever become subscriber to the capital stock 



CONSTITUTION OF ILLINOIS. 



"3 



of any railroad or private corporation, or make donation 

to or loan its credit in aid of such corporation : Provided^ 

jkowever^ that the adoption of this article shall not be 
construed as affecting the right of any such municipality 

to make such subscriptions where the same have been 
authorized, under existing laws, by a vote of the people 
of such municipalities prior to such adoption. 

CANAL. 

The Illinois and Michigan Canal shall never be sold 
or leased until the specific proposition for the sale or 
thereof shall first have been submitted to a vote of 
the people of the State at a general election, and have 
been approved by a majority of all the votes polled at 
such election. The general assembly shall never loan 
the credit of the State, or make appropriations from the 
treasury thereof, in aid of railroads or canals; Provided, 
that any surplus earnings of any canal may be appro- 
priated for its enlargement or extension. 

SCHEDULE. 

£ i. That all laws in force at the adoption of this 
constitution, not inconsistent therewith, and all rights, 
actions, prosecutions, claims, and contracts of this State, 
individuals, or bodies corporate, shall continue to be as 
valid as if this constitution had not been adopted, 

S 2. That all fine-, taxes, penalties and forfeitures, 
due and owing to the State of Illinois under the present 
ititution and laws, shall inure to the use of the peo- 
ple of the State of Illinois, under this constitution. 

•. Recognizances, bonds, obligations, and all other 
instruments entered into or executed before the adoption 
of this constitution, to the people of the State of Illinois, 
to any State or county officer or public body, shal] re- 
main binding and valid ; and rights and liabilities upon 
same shall continue, and all crimes and tnisdemean- 
shall be tiied and punished as though no change had 
n made in the constitution of this State. 

l County courts tor the transaction of county 
in counties not having adopted township organs 

] continue in existence and exercise their 



114 CONSTITUTION OF ILLINOIS. 



present jurisdiction until the hoard of county commis- 
sioners provided in this constitution is organized in 
pursuance of an act of the genera] assembly; and the 
county courts in all other counties shall have the same 
power and jurisdiction they now possess until otherwise 
provided by general law. 

^ 5. All existing courts which are not in this condi- 
tion specifically enumerated, shall continue in existence 
and exercise their present jurisdiction until other, 
provided by law. 

§ 6. All persons now filling any office or appoint- 
ment shall continue in the exercise of the duties the 
according to their respective commissions or appoint- 
ments, unless by this constitution it is otherwise directed. 



g iS. All laws of the State of Illinois, and all official 
writings, and the executive, legishtive and judicial pro- 
ceedings, shall be conducted, preserved and published in 
no other than the English language. 

§ 19. The general assembly shall pass all laws m 
sary to carry into effect the provisions of this constitu- 
tion. 

§ JO. The circuit clerks of the different counties 
having a population over sixtv thousand, shall continue 
to be recorders (ex-officio) for their respective coun 
under this constitution, until the expiration of their 
respective terms. 

§21. The judges of all courts of record in Cook 
county shall, in lieu of any salary provided for in this 
constitution, receive the compensation now provided by 
law until the adjournment of the first session of the 
general assembly after the adoption of this constitu- 
tion. 

§ 22. The present judge of the circuit court of Cook 
county shall continue to hold the circuit court of Lake 
county until otherwise provided by law. 

§ 23. When this constitution shall be adopted, and 
take effect as the supreme law of the State of Illinois, 
the two-mill tax provided to be annually assessed and 
collected upon each dollar's worth of taxable property, 
in addition to all other taxes, as set forth in article fif- 



CONSTITUTION OF ILLINOIS. 1 1 5 

teen of the now existing constitution, shall cease to be 
jsed after the year or our Lord one thousand eight 
hundred and seventy. 

§ 24. Nothing contained in this constitution shall be 
so construed as to deprive the general assembly of 
power to authorize the city of Quincv to create any in- 
debtedness for railroad or municipal purposes* for which 
the people of said city shall have Voted, and to which 
they shall have given, bv such vote, their assent, prior 
to the thirteenth day of December, in the year of our 
Lord one thousand eight hundred and sixty-nine: Pro 
vided, that no such indebtedness, so created, shall in 
any part thereof be paid by the State, or from any State 
revenue, tax or fund, but the same shall be paid, if at 
all, by the said city of Quincv alone, and by taxes to be 
levied upon the taxable property thereof: And pro* 
Vided r further \ that the general assembly shall have no 
power in the premises that it could not exercise under 
the present constitution of this State. 

g 25. In case this constitution and the articles and 
sections submitted separately be adopted, the existing 
constitution shall cease in all its provisions; and in case 
this constitution be adopted, and any one or more of the 
articles or sections submitted separately be defeated, the 
provisions of the existing constitution (if any) on the 
same subject shall remain in force. 

£ 26. The provisions of this constitution required to 
be executed prior to the adoption or rejection thereof 
shall take effect and be in force immediately. 

Done in convention at the capitol, in the city of 
Springfield, on the thirteenth day of May, in the year 
of our Lord one thousand eight hundred and seventy, 
and of the independence of the United States of 
America the ninety-fourth. 



\\6 CONSTITUTION OF THE 



CONSTITUTION OF THK UNITED STATES 



PREAMBLE. 

We, the people of the United States, in order to form a 
more perfect union, establish justice, insure dom< 
tranquility, provide for the common defence, pron 
the general welfare, and secure the blessings of lib< 

to ourselves and our posterity, do ordain and establish 
this constitution for the United States of America. 

ARTICLE I. 
Of the Legislature. 

Section I. — i. All legislative powers herein granted 

shall be vested in a Congress of the United States, 
which shall consist of a Senate and House of Repre- 
sentatives. 

Sec. II. — i. The House of Representatives shall he 
composed of members chosen every second year, by the 
people of the several states; and the electors in each 
state shall have the qualifications requisite for electors <>i' 
the most numerous branch of the state legislature. 

2. No person shall be a representative, who shall not 
have attained to the age of twenty-five years, and been 
seven years a citizen of the United States, and who 
shall not, when elected, be an inhabitant of that state in 
which he shall be chosen. 

3. Representatives and direct taxes shall be appor- 
tioned among the several states which may be included 
within this Union, according to their respective num- 
bers, which shall be determined by adding to the whole 



INITED STATES. I 1 7 



number of free persons, including those bound to service 
for a term of years, and excluding Indians not taxed, 
three-fifths of all other persons. The actual enumera- 
tion shall be made within three years after the first 
meeting of the Congress of the United States, and 
within every subsequent term often years, in such man- 
ner as they shall by law direct. The number of repre- 
sentatives shall not exceed one for every thirty thousand, 
but each state shall have at least one representative; and 
until such enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three; Massa- 
chusetts, eight; Rhode Island and Providence Planta- 
tions, one; Connecticut, five; New York, six; New 
Jersey, four; Pennsylvania, eight; Delaware, one; 
Maryland, six; Virginia, ten; North Carolina, five; 
South Carolina, five; and Georgia, three. 

4. When vacancies happen in the representation 
from any state, the executive authority thereof shall issue 
writs of election to fill such vacancies. 

5. The House of Representatives shall choose their 
speaker and other officers, and shall have the sole power 
of impeachment. 

Sec. III. — 1. The Senate of the United States shall 
be composed of two senators from each state, chosen by 
the legislature thereof, for six years; and each senator 
shall have one vote. 

2. Immediately after they shall be assembled in con- 
sequence of the first election, they shall be divided, as 
equally as may be, into three classes. The seats of the 
senators of the first class shall be vacated at the expira- 
tion of the second year, of the second class at the expi- 
ration of the fourth ye&C^and of the third class at the ex- 
piration of the sixth yea/, so that one-third may be 
Chosen every second year; and if vacancies happen, by 
resignation or otherwise, during the recess of the legis- 
lature of any state, the executive thereof may make tem- 
porary appointments until the next meeting of the legis- 
lature, which shall then fill such vacancies. 

3. No person shall be a senator, who shall not have 
attained to the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when 

-J2 



1 1 8 CONSTITUTION OF THE 



elected, be an inhabitant of that state for which he shall 
be chosen. 

4. The Vice President of the United States shall be 
President of the Senate; but shall have no vote, 111 
they be equally divided. 

5. The Senate shall choose their other officers, and 
also a President, pro tempore, in the absence of the Vice- 
President, or when he shall exercise the office of Presi- 
dent of the United States, 

6. The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, they 
shall be on oath of affirmation. When the President 
of the United States is tried, the chief justice shall pre- 
side; and no person shall be convicted without the 1 

currence of two-thirds of the members present 

7. Judgment) in cases of impeachment, shall not ex- 
tend further than to removal from office, and disqualifi- 
cation to hold and enjoy any office of honor, tin 
profit, under the United States; but the party convicted 
shall, nevertheless, be liable and subject to indictment, 

trial, judgment and punishment, according to law. 

Sec. IV. — 1. The times, places and manner of hold- 
ing elections for senators and representatives, shall he 
prescribed in each state, by the legislature thereof; but 
the Congress may at any time, by law, make or alter 
such regulations, except as to the places of choosing 
senators. 

2. The Congress shall assemble at least once in e^ 
year, and such meeting shall be on the first Monday in 
December, unless they shall by law anoint a different 
day. 

Sec. V. — 1 Each house shall be the judge of the 
elections, returns and qualifications of its own members: 
and a majority of each shall constitute a quorum to do 
business; but a smaller number may adjourn from day 
to day, and may be authorized to compel the attendance 
of absent members, in such manner, and under such 
penalties, as each house may provide. 

2. Each house may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, 



UNITED STATES. II9 



and, with the con ;urrence of two-thirds, expel a mem- 
ber. 

3. Each house shall keep a journal of its proceed- 
ings, and from time to time publish the same, excepting 
such parts as may, in their judgment, require secrecy ; 
and the yeas and nays o( the members of either house 
on any question, shall, at the desire of one-fifth of those 
present, be entered on the journal. 

4. Neither house, during the session of Congress, 
shall, without the consent of the other, adjourn for more 
than three days, nor to any other place than that in 
which the two houses shall be sitting. 

Sec. VI. — I. The senators and representatives shall 
receive a compensation for their services, to be ascer- 
tained by law, and paid out of the treasury of the United 
States. They shall, in all cases, except treason, felony 
and breach of the peace, be privileged from arrest, 
during their attendance at the session of their respective 
houses, and in going to or returning from the same; and 
for any speech or debate in either house, they shall not 
be questioned in any other place. 

2. No senator or representative shall, during the time 
for which he was elected, be appointed to any civil office 
under the authority of the United States, which shall 
have been created, or the emoluments whereof shall have 
been increased, during such time; and no person hold- 
ing any office under the United States shall be a mem- 
ber of either house, during his continuance in office. 

Sec. VII. — 1/ All bills for raising revenue shall 
originate in the House of Representatives ; but the Sen- 
ate may propose or concur with amendments as on 
other bills. 

2. Every bill which shall have parsed the House of 
Representatives and the Senate, shall, before it becomes 
a law, be presented to the President of the United 
State-; if he approve, he shall sign it; but if not, he 
shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the ob- 
jections at large on their journals, and proceed to rec in- 
sider it. If, after such reconsideration, two-thirds of 
that hou-e shall agree t<> pas^ the bill, it shall be sent, 
ther with the objections, to the Othef house, by 



120 CONSTITUTION OF THE 



which it shall likewise be reconsidered, and if approved 
by two-thirds of that house, it shall become a law. But 
in all such cases the votes of both houses shall I 
mined by yeas and nays; and the names of the per 
voting for and against the bill shall be entered on the 
journal of each house respectively. If any bill shall not 
be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the 
same shall be a law, in like manner as if he had signed 
it, unless the Congress, by their adjournment, prevent 
its return; in which case, it shall not be a law. 

3. Every order, resolution or vote, to which the con- 
currence of the Senate and House of Representatives 
may be necessary, (except on question of adjournment,) 
shall be presented to the President of the United St. 
and before the same shall take effect, shall be approved 
by him, or, being disap roved by him, shall be repa 
by two-thirds of the Senate and House of Representa- 
tives, according to the rules and limitations prescribed 
in the case of a bill. 

Sec. VIII. — The Congress shall have power — 

1. To lay and collect taxes, duties, imposts, and ex- 
cises, to pay the debts and provide for the common de- 
fense and general welfare of the United State-; but all 
duties, imposts and excises shall be uniform throughout 
the United States; 

2. To borrow money on the credit of the United 
States; 

3. To regulate commerce with foreign nations, and 
among the several states, and with the Indian tribe 

4. To establish an uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, throughout 
the United States; 

5. To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and 
measures; 

6. To provide for the punishment of counterfeiting 
the securities and current coin ot the United States; 

7. To establish pos'ofrices and post roads. 

8. To promote the progress of science and useful 
arts, by securing for limited times to authors and envent- 



UNITED STATES. 12 1 



ors the exclusive right to their respective writings and 
discoveries. 

9. To constitute tribunals inferior to supreme courts; 

10. To define and punish piracies and felonies com » 
mitted on the high seas, and offences against the law of 
nations; 

11. To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water; 

12. To raise and support armies; but no appropria- 
tion of money to that use shall be for a longer term than 
two years; 

13. To provide and maintain a navy; 

14. To make rules for the government and regula- 
tion of the land and naval forces; 

15. To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections and repel 
invasions; 

16. To provide for organizing, arming and discip- 
lining the militia, and for governing such part of them 
as may be employed in the service of the United State*, 
reserving to the states respectively the appointment of 
the officers and authority of training the militia accord- 
ing to the discipline prescribed by Congress; 

17. To exercise exclusive legislation, in all cases 
whatsoever, over such district, (not exceeding ten miles 
square,) as maw by cession of particular states and the 
acceptance of Congress, become the seat of government 
of the United States, and to exercise like authority over 
all places purchased, by the consent of the legislature of 
the vta'e in which the same shall be, for the erection of 
forts, magazine-, arsenals, dockyards, and other needful 
buildings; and 

iS. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, 
and all other powers vested by this constitution in the 
government of the United States, or in any department 

officer thereof. 

Si:t . IX. — 1. The migration or importation of such 

persons as any of the states now existing shall think 

proper to admit, shall not be prohibited by the Congress 

prior to the year one thousand eight hundred and eight, 

— K. 



122 CON- i i I I I IOX Ol- Tttfl 



but a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall 
not be suspended, unless when, in case of rebellion oi 
invasion, the public safety may require it. 

3. No bill of attainder or cs post facto law shall be 
passed. 

4. No capitation or other direct tax shall be laid 
unless in proportion to the census or enumeration here- 
inbefore directed to be taken. 

5. No tax or duty shall be laid on articles exported 
from any state. No preference shall be give*] bv any 
regulation of commerce or revenue to the ports of (^ul 
state over those of another; nor shall Vessels bound to 
or from one state be obliged to enter, clear or pay duties 
in another. 

6. No money shall be drawn from the treasury but 
in consequence of appropriations made bv law; and a 
regular statement and account of the receipts and ex- 
penditures of all public money shall be published from 
time to time. 

7. No title of nobility shall be granted bv the United 
States, and no person holding any office of profit or 
trust under them shall, without the consent of Congl 
accept of any present, emolument, office or title of any 
kind whatever, from any king, prince or foreign state. 

Sec. X. — 1. No state, shall enter into any treaty, 
alliance or confederation; grant letters of marque Ot 
reprisal; coin money; emit bills of credit; make any- 
thing but gold and silver coin a tender in payment of 
debts; pass any bill of attainder, ex post facto law, or 
law impairing the obligation of contracts; or grant any 
title of nobility. 

2. No state shall, without the consent of Congress, 
lav any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its in- 
spection laws; and the net produce of all duties and 
imposts laid by any state on imports or exports shall 
be for the use ot the treasury of the United St 
and all such laws shall be subject to the revision and 
control of Congress. No state shall, without the con- 
sent of Congress, lay any duty on tonnage, keep troops 



UNITED STATES. 1 23 



or ships of war in time of peace, enter into any agree- 
ment or compact with another state, or with a foreign 
power, or engage in war, unless actually invaded, or in 
such imminent danger as will not admit of delay. 

ARTICLE II. 

Of the Executive. 

Sec, I. — I- The executive power shall be vested in 
a President of the United States of America. He shall 
hold his office during the term of four pears, and, to- 
gether with the Vice-President, chosen for the same 
term, he elected as follows: 

2. Each state shall appoint, in such manner as the 
legislature thereof may direct, a number of electors, 
equal to the whole number of senators and representa- 
tives to which the state may be entitled in Congress; 
but no senator or representative, or person holding an 
office of trust or profit under the United States, shall be 
appointed an elector. 

3. The electors shall meet in their respective states 
and vote by ballot for two persons, of whom one at least 
shall not be an inhabitant of the same state with them- 
selves. And they shall make a list of all the persons 
vo'ed for, and of the number of votes for each; which 

they shall sign and certify, and transmit sealed 
to the seat of government of the United States, 
directed to the president of the Senate. The president 
of the Senate shall, in the presence of the S< nate and 
House of Representatives, open all the certificates, and 
the votes -hall then be counted. The person having the 
greatest number of votes shall be the President, if such 
number be a majority of the whole number of electors 
appointed; and if there be more than one who have 
such a majority, and have an equal number of votes, 
then the House of Representatives shall immediately 
choose by ballot one of them for President; and if no 
p rson have a majority, then, from the five highest on 
the list, the said House shall in like manner choose the 
President Hut in choosing the President, the votes 
shall betaken by states; the representation from each 
having one vote; a quorum for this purpose shall 



124 CONSTITUTION OF THE 

consist of a member or members from two-thirds of the 
states, and a majority of all the states shall lie necessary 
to a choice. In every case, after the choice of the 
President, the person having the greatest number of 
votes of the electors shall be Vice-President. But it 
there should remain two or more who have equal v< 
the Senate shall choose from them by ballot, the Vice- 
President. [The foregoing provisions were changed by 
the 12th amendment.] 

4. The Congress may determine the time of choos- 
ing the electors, and the day on which they shall g 
their votes; which day shall be the same throughout 
the United States. 

5. No person, except a natural born citizen, or a 
citizen of the United States at the time of the adoption 
of this constitution, shall be eligible to the office 
President; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within the 

United States. 

6. In case of the removal of the President from 
office, or of his death, resignation or inability to dis- 
charge the powers and duties of the said office, the same 
shall devolve on the Vice-President and the C 

may, by law, provide for the case of removal, (bath, 
resignation or inability, both of the President and Vice- 
President, declaring what officer shall then act as 
President, and such officer shall act accordingly until the 
disability be removed or a President shall be elected. 

7. The President shall, at stated times, receive for 
his services a compensation, which shall neither be in- 
creased nor diminished during the period for which he 
shall have been elected, and he shall not receive within 
that period any other emolument from the United 
States or any of them. 

8. Before he enters on the execution of 'his office, he 
shall take the following oath or affirmation: 

9. U I do solemnly swear (or affirm) that I will faith- 
fully execute the office of Presielent of the United 
States, and will, to the best of my ability, preserve, pro- 
tect and defend the constitution of the United States. v 

Sec. II. — 1. The President shall be commander-in- 



UNITED STATES. 12^ 



chief of the army and navy of the United Stales, and 
of the militia of the several States, when called into the 
actual service of the United States. He may require 

the opinion, in writing of the principal officer in each of 
the executive departments, upon any subject relating to 
the duties ot" their respective offices; and he shall have 
power to grant reprieves and pardons, for offences 
against the United States, except in cases of impeach- 
ment. 

2. He shall have power, by and with the advice and 
ponsent of the Senate, to make treaties: Provided, two- 
thirds of the senators present concur; and he shall 
nominate, and by and with the advice and consent of the 
Senate, shall appoint ambassadors, other public ministers 
and consuls, judges of the supreme court, and all other 
officers of the United States, whose appointments are 
not herein otherwise provided for, and which shall be 
established by law. But the Congress may, by law, 

the appointment of such inferior officers, as they 
shall think propel', in the President alone, in the courts 
of law, or in the heads of departments. 

3. The President shall have power to fill up all vacan- 
cies that may happen during the recess of the Senate, 

granting commissions, which shall expire at the end 
of their next session. 

Sec. III. He shall from time to time, give to 
Congress information of t lie state of the Union; and 
recommend to their consideration such measures as he 
shall judge necessary and expedient. He may, on ex- 
traordinary occasions, convene both houses, or either oi 
them, and in case of disagreement between them with 
respect to the time of adjournment, he may adjourn 
thi m to such time as he shall think proper. lie shall 
ive ambassadors and other public ministers. He 
shall take care that the laws be faithfully executed; and 

.1 commission all officers of the United State-. 
EC. IV. The President, Vice-President, and 
all civil officers of the United States, shall be removed 
from office, on impeachment for and conviction of trea- 

. bribery, or other high crimes and misdemeanors. 



126 



CONSTITUTION OK THE 



" 



ARTICLE III. 
Of the Judiciary. 



Sec. I. The judicial power of the United St 
shall be vested in one supreme court, and in such inferior 
courts as the Congress may, from time to time, ordain 
and establish. The judges, both of the supreme and 
inferior courts, shall hold their offices during good be- 
havior: and shall, at stated times, receive for their ser- 
vices a compensation, which shall not be diminished 
during their continuance in office. 

Sec, II. — l. The judicial power shall extend to all 
cases, in law and equity, arising und r this constitution, 
the laws of the United States, and treaties made, or 
which shall be made, under their authority; to all c; 
affecting ambassadors, other public ministers and con- 
suls; to all cases of admirahty and maratimc jurisdic- 
tion; to controversies to which the United States shall be 
a partv ; to controversies between two or more states, be- 
tween a slate and citizens of another state, between citi- 
zens of different states, between citizens of the same 
state, claiming lands under grants of different si 
and between a state or the citizens thereof, and fon 
states, citizens or subjects. 

2. In all cases affecting ambassadors, other public 
ministers and consuls, and those in which a state shall be 
a party, the supreme court shall have original juris 
tion.. In all the other cases before mentioned the 
supreme court shall have appellate jurisdiction, both as 
io law and fact, with such exceptions and under such 
regulations as the Congress shall make. 

3. The trial of all crimes, except in cases of im- 
peachment, shall be by jury, and such trial shall be held 
in the state where the said crimes shall have been com- 
mitted; but when not committed within any state, the 
trial shall be at such place or places as the Congress may, 
by law, have directed. 

Sec. III. — 1. Treason against the United States shall 
consist only in levying war against them, or in adhering 
to their enemies, giving aid and comfort. No person 
shall be convicted of treason., unless on the testirn 



I n'i i ho ST A i BS. 127 



of two witnesses to the same overt act, or on confession 
111 open court. 

2. The Congress shall have power to declare the 
punishment of treason: but no attainder of treason shall 
work corruption of blood or forfeiture, except during 
the life of the person attainted. 

ARTICLE IV. 
Miscellaneous. 

Sec. I. — -1. Full faith and credit shall be given in 
each state to the public acts, records and judicial pro- 
ceedings of every other state. And the Congress may. 
by general laws, prescribe the manner in which such nets 
tecords and proceedings shall be proved, and the effect 
thereof. 

Sec. II. — 1. The citizens of each state shall be enti- 
tled to all the privileges and immunities of citizens in 
the several state-. 

2. A person charged in any state with treason, felony 
or other crime, who shall flee from justice and be found 
in another state, shall, on demand of the executive au- 
thority of the state from which he fled, be delivered up, 
to be removed to the state having jurisdiction of the 
crime. 

3. No person held to service or labor in one state, 
under the laws thereof, escaping into another, shall, in 

sequence of any law or regulation therein, be dis- 
charged from such service or labor; but shall be deliv- 
ered up on claim of the party to whom such service or 
labor may be due. 

Sec. Ill, — 1. New states may be admitted by Con- 
- into this Union; but no new state shall be formed 
or erected within the jurisdiction of any other state, nor 
anv state be formed by the junction of two or more 
5, or parts of states, without the consent of the leg- 
islatures of the states concerned, as well as of Congress. 
2. Congress shall have power to dispose of, and 
make all needful rules and regulations respecting the 
other ] \ belonging to the United 

and nothing in this constitution shall be so con- 



128 CONSTITUTION OF THE 



Strued as to prejudice any claims of the I nited Stati 
of any particular state. 

Sec. IV. The United States shall guarantee to 
every state in this Union a republican form of govern- 
ment, and shall protect each of them against invasion; 
and, on application of the legislature or of the exec: 
(when the legislature cannot he convened,) against do- 
mestic violence, 

ARTICLE V. 

Of Amendments. 

i. Congress, whenever two-thirds of both houses 

shall deem it necessary, shall propose amendment- to 
this constitution; or, on the application ^C the legisla- 
tures of two-thirds of the several states, shall call a con- 
vention for proposing amendments, which, in either i 
shall be valid, to all intents and pun - part ol this 

Constitution, when ratified by the legislatures of three- 
fourths of the several states, or by conventions in tl 
fourths thereof, as the one or the other mode of ratifica- 
tion may he proposed by Congress: Provided^ that no 
amendment which may be made prior to the year one 
thousand eight hundred and eight, shall in any manner 
affect the first and fourth clauses in the ninth section ol 
the first article; and that no state, without its consent, 
shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

Miscellaneous. 

I« All debts contracted and engagements entered 
into before the adoption of this constitution, shall ! 
valid against the United States under this constitution, 
as under the confederation. 

2. This constitution, and the laws of the United 
States which shall he made in pursuance thereof, and 
all treaties made or which shall he made under the au- 
thority of the United States, shall be the supreme law 
of the land; and the judges in every state shall be hound 
thereby — anything in the constitution or laws of any 
state to the contrary notwithstanding. 



J 



\JNlTED STATfeS. 1^9 



3. The senators and representatives before mentioned, 
and the members of the several state legislatures, and 
all executive and judicial officers, both of the United 
States and of the several states, shall be bound, by oath 
or affirmation, to support this constitution; but no reli- 
gious test shall ever be required as a qualification to any 
office or public trust under the United States. 

ARTICLE VII. 

Of the Ratification. 

I. The ratification of the conventions of nine states 
shall be sufficient for the establishment of this constitu- 
tion between the states so ratifying the same. 
Done in convention, by the unanimous consent of the 
states present, the seventeenth day of September, in 
the year of our Lord one thousand seven hundred and 
eighty-seven, and of the independence of the United 
States of America, the twelfth. 

GEORGE WASHINGTON, 
President, and Deputy for Virginia. 



AMENDMENTS TO THE CONSTITUTION. 

Article I. Congress shall make no law respecting 
an establishment of religion, or prohibiting the free 
exercise thereof; or abridging the freedom of speech, 
or ot the press; or of the right of the people peaceably 
to assemble and to petition the government for a redress 
of grievances. 

Art. II. A well regulated militia being necessary 
to the security of a free state, the right of the people to 
keep and bear arms shall not be infringed. 

Art. III. No soldier shall, in time of peace, be 
quartered in any house, without the consent of the owner; 
nor in time of war, but in a manner to be prescribed 
by law. 

Art. IV. The right of the people to be secure in 
their persons, houses, papers and effects, against un- 
liable searches and seizures^ shall not be violated; 
— K2 



130 CONSTITUTION OF TIIK 



and no warrants shall issue but upon probable a 
supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or 
things to be seized. 

Art. V. No person shall be held to answer for a 
capital or otherwise infamous crime, unless on a present- 
ment or "indictment of a grand jury, except in 1 
arising in the land or naval forces, or in the militia, when 
in actual service, in time of war or public danger; nor 
shall any person he subject for the same offense to he 
twice put in jeopardy of life or limb; nor shall be com- 
pelled, in any criminal case, to be a witness against him- 
self, nor be deprived of life, liberty or property without 
due process ot law; nor shall private property be taken 
for public use without just compensation. 

Art. VI. In all criminal prosecutions, the accused 

shall enjoy the right to a speedy and public trial, 1 
impartial jury, of the state and district wherein the 
crime snail have been committed, which districts shall 

have been previously ascertained by law, and to be 

informed of the nature and cause of the accusation; to 
be confronted with the witnesses against him; to have 
compulsory process for obtaining witnesses in his t. 

and to have the assistance of counsel for his defense. 

Art. VII. In suits at common law, where the value 
in controversy shall exceed twenty dollars, the right of 
trial by jury shall be preserved; and no fact tried by a. 
jury shall be otherwise re-examined in any COUtl of the 
United vStates than according to the rules of the com- 
mon law. 

Art. VIII. Excessive bail shall not be required, 
nor excessive fines imposed, nor cruel and unusual 
punishments inflicted. 

Art. IX. The enumeration, in the constitution, of 
certain rights, shall not be construed to deny or dispar- 
age others retained by the people. 

Art. X. The powers not delegated to the United 
States by the constitution, nor prohibited by it to the 
states, are reserved to the states respectively, or to the 
people. 

Art. XI. The judicial power of the United States 
shall not be construed to extend to any suit in law or 



UNITED siaiKs. I£t 



: 



cquitv commenced or prosecuted against one of the 

United States by citizens of another state, or by citizens 

or subjects of any foreign state. 

Art. XII. — Sec. i. The electors shall meet in their 
respective states, and vote by ballot for President and 
Vice-President, one of whom, at least shall not be an 
inhabitant of the same state with thems Ives: they shall 
name in their ballots the person voted for as President, 
and in distinct ballots the person voted for as Vice- 
President, and tbev shall make distinct li>ts of all per- 
sons voted for as President, and of all persons voted for 
18 Vice-President, and of the number of votes for each, 
which list they shall sign and certify, and trans- 
mit, sealed, to the seat of government of the United 
States, directed to the President of the Senate. 
The President of the Senate shall, in the presence 
of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted. 
The person having the greatest number of votes for 
President shall be the President, if such number be a 
majority of the whole number of electors appointed: 
and if no person have such majority, then from the 
persons having the highest numbers^ not exceeding 
three, on the list of those voted for as president, the 
House of Representatives shall choose immediately, by 
ballot, the President. But in choosing the Presi- 
dent, the votes shall be taken bv states, the representa^ 
tion from each state having one vote. A quorum for 
this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states 
shall be necessarv to a choice. And if the House of 
Representatives shall not choose a President when* ver 
the right of choice shall devolve upon them, before the 
founh day of March next following, then the Vice- 
President shall act as President, a- in the case of the 
death or other constitutional disability of the Presi- 
dent. 

Sec. 2. The person having the greatest number of 

rotes as Vice-President shall be the Vice-President, if 

uch number be a majority of the whole number <>t 

electors appointed; and if no person have a majority, 

then from the two highest numbers on the iist, the 



1 3^ * &NS1 I Ji i I OX OF i in. 



Senate shall choose a Vice-President. A quorum for i he 
purpose shall consist of two-thirds of the whole number 
of senators, and majority of the whole number shall 
be necessary to a choice. 

Sec. 3. But no person constitutionally ineligible to 
the orHee of President shall be eligible to that of Vice- 
President of the United States* 

ARTICLE XIII. 

Sec. 1. Neither slavery nor involuntary servitude, 
except as a punishment for crime, whereof the party 
shall have been duly convicted, shall exist within the 
United States, or any place subject to their jurisdiction. 

Sec. 2. Congress shall have power to enforce this 
article by appropriate legislation. 

ARTICLE XIV. 

Section i» All persons born or naturalised in the 

United States, and subject to the jurisdiction thereof) 
are citizens of the United States, and of the State 
wherein they reside. No State shall make or enforce 
any law which shall abridge the privileges or immu- 
nities of citizens of the United States. Nor shall any 
State deprive any person of life, liberty, or property, 
without due process of law, nor deny to any pel 
within its jurisdiction the equal protection of the law-. 

Sec. 2. Representatives shall be apportioned ltu< 
the several states according to their respective numbers 
counting the whole number of persons in each state, 
excluding Indians not taxed ; but when the right to vote at 
any election for the choice of electors for President and 
Vice-President of the United States, Representatives in 
Congress, the executive and judicial officers, of a state, 
or the members of the legislature thereof, is denied to any 
of the male inhabitants of such state, being twenty-one 
years of age, and citizens of the Unittcl States, or 
in any way abridged, except for participation in re- 
bellion or other crime, the basis of representation 
therein shall be reduced in the proportion which the 
number of its male citizens shall bear to the whole num- 
ber of male citizens twenty-one years of age in such state. 



UNITED STATES. 



*33 



Sec. 3. No person shall be a senator or representa- 
tive in Congress, or elector of President and Vice-Presi- 
dent, or hold any office, civil or military, under the 
United States, or under any State, who, having pre- 
viously taken an oath as a member of Congress, or as 
an officer of the United States, or as a member of any 
state legislature, or as an executive or judicial officer of 
any state, to support the constitution of the United 
States, shall have engaged in insurrection or rebellion 
against the same, or given aid or comfort to the enemies 
thereof; but Congress may, by a vote of two-thirds of 
each House, remove such disability. 

Sec. 4. The validity of the public debt of the 
United States authorized by law, including debts in- 
curred tor the payment of pensions and bounties for ser- 
\ ice in suppressing insurrection or rebellion, shall not 
be questioned ; but neither the United States nor any state 
shall assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, or 
any claim for the loss or emancipation of any slave, but 
all such debts, obligations and claims, shall be held 
illegal and void. 

Sec. 5. The Congress shall have power to enforce, 
by appropriate legislation, the provisions of this article. 

ARTICLE XV. 

Sec. 1. The right of citizens of the United States 
to vote shall not be denied or abridged by the United 
States or any state on account of race, color or previous 
condition of servitude. 

:c. 2. The Congress shall have power to enforce 
this article by appropriate legislation. 



134 RATES OE POSTAGE, 



RATES OF POSTAGE. 



Domestic. — On all Letters throughout the United 
States, 3 cents each half ounce or fraction then 

Drop or Local Letters, 2 cents where there is a : 
carrier's delivery. At other offices 1 cent. 

Valuable Letters may be registered by the payment 
of a registration fee of 10 cents. 

Money can be sent with absolute safety by mail by 
procuring a money order. The fees are, for an\ sum 
not to exceed $15, ten cents; for any sum over $ 
not to exceed $30, fifteen cents; for any sum over 
and not to exceed $40, twenty cents; for any sum over 
$40, and not to exceed $50, twenty-live cents. 

Books and unsealed circulars will be transmitted from 

any postoffice within the United States to any other 
postoffice within the United States for one csnt /or every 

two ounces or fraction thereof. 

On all Transient Newspapers, or other Printed M 
ter (Books and Circulars excepted), and on all Si 
Cuttings, &c., Pamphlets, H;>ok MSS< and J' 
Sheets, Maps, Engravings, Planks, Patterns, Envel- 
and Photographs, contained in one package, to one ad- 
dress, one cent for each two ounces or fraction thereof. 

All Transient Matter, except duly certified letters of 
Soldiers and Sailors, must be prepaid by Stamps. 

$^T* No package will be forwarded which weighs 
over four pounds, except books published or circulated 
by order of Congress. 

Foreign. — On letters to Great Britain and Ireland. — 
For every half ounce or fraction thereof, five cents; 
prepayment optional. 

To the German States. — For every half ounce or frac- 
tion thereof, five cents. 

To France. — For every half ounce or fraction thereof 
five cents. 

To Canada, and other British North Americar 
provinces, mail will be carried for the same price as 
charged in the United States, but prepayment is com- 
pulsory. 



THE NEW STATE HOUSE I35 



m 









P6fi 





THE NEW STATE HOUSE, 



The agitation for the building of a new State House 
in Springfield, commenced about the year 1S65, and the 
project was well matured upon the meeting of the 25th 
genera] assembly, in January, 1867. The citizens of 
Springfield had felt some concern lest a movement 
should develope in favor of a relocation of the seat of 
state government, and in the two years preceding the 
ion of 1S67, they lent their aid and energies to the 
building of the magnificent Lei and Hotel, and also to 
the erection of a commodious Opera House. Whatever 
may be said of Springfield as a geographical location, 
it must be conceded that her citizens have shown, not 



I36 HISTORY OF THE 



only energy, industry and pluck, but generosity, liber- 
ality and enterprise, in promoting every measure or 
movement calculated to keep the seat of government 
with them, and to rear in their midst a State House not 
excelled in architectural design, elegance or commodi- 
ousness, in the United States. 

The ground upon which the X # cw State House IS 
located, is bounded by Second, Monroe, Spring and 
Charles streets, and contains between eight and nine 
acres. In 1865 it was owned by three persons, viz; 
Mrs. Mather, Geo. W«Judd f andJ. C.Conkling. Mrs, 

Mather occupied about two- thirds of the entire lot, upon 
which was a fine residence, surrounded with native for- 
est trees. A portion of this lot was selected in iS 
a burial place for the remains of the lamented Lincoln, 
and as a site for the erection of a monument to his 
memory; but Mrs. Lincoln objecting, the project was 
transferred to Oak Ridge. The residence ownfcd by 
Mr. Judd, still stands on the southwest coiner of the 
lot. Mr. Conkling's portion was vacant, but he was 
preparing to build upon it a fine residence. 

It had become apparent that the State of Illinois re- 
quired a larger and more commodious state building, 
and the only question which seemed to be in issue was, 
shall the building be located in Springfield or elsewhere. 
After a somewhat exciting debate, the bill passed au- 
thorizing the sale of the Old State House and the erec- 
tion of a new one upon the site described. The bill 
stipulated that the city of Springfield and county of 
Sangamon, should pay to the State for the Old State 
House, the sum of two hundred thousand dollars, and 
also convey to the State the said ground. 

The following persons were named in the act as com- 
missioners to superintend the erection of the New State 



XI-:\Y STATE HOUSE. 1 37 

House, viz: John W. Smith, John J. S. Wilson, 
Philip Wadsworth, James C. Robinson, Wm.J, Van- 
deveer, \Ym. S. Ilambleton, and James H. Beveridge. 
Julius C. Webber was appointed secretary of the board. 
The bill was approved and became a law Feb. 25, 1S67. 

The sum paid by the citizens of Springfield and 
vicinity, for the ground for the New State House was, 
to Mrs. Mather, $44,000; to Mr. Judd, $13,000; to Mr. 
Conkling, $12,000; total, $69,000. 

On the 13th of March, 1S67, the commissioners met. 
J. S. Wilson having resigned, Jacob Bunn was ap- 
pointed by the Governor in his stead. The commis- 
sioners organized by the appointment of Mr. Bunn as 
president Steps were immediately taken to procure 
for the State, title to the grounds, and the matter was 
forthwith satisfactorily consummated. A " Notice to 
Architects " was immediately published in some of the 
principal cities, stating that plans for a State House 
would be received by the boaid at any time prior to 12 
o^clock of July 2, 1S67, and a premium of $3,000 given 
for the plan or design that should be selected and 
adopted. Twenty-one designs were received, and after 
a careful examination of all, that presented by John C. 
Cochrane, of Chicago, was adopted by an almost unani- 
mous vote, and he received the premium of $ 3, 000. 

The commissioners, in January following, appointed 
Mr. Cochrane architect and superintendent of the work, 
and commenced active preparations for the foundation 
of the building. The first Stone was delivered on the 
ground on the first day of May, the first concrete put in 
the trenches and the first stone placed in position on the 
Ilth of June, 1S6S. The corner stone was laid, with 
appropriate ceremonies, on the 5th of October following, 
on which occasion an ad Iresa was delivered by lion. J. 



I3§ HISTORY OF THE 

D. Caton, from which we learn that the present is the 
fourth State House owned and occupied by the State, 
not counting the first, which was erected before the 
organization of the State. The territorial capital was at 
Kaskaskia, and the capital building was an old stone 
house, which has been thus described by the venerable 
Judge Breese: 

u It was a large, rough building in the center of 1 
square, in the village of Kaskaskia, the body ol it being 
of uncut lime-stone, the gables and roof which w 
the gambriel style, of un painted boards and shingles, 
with dormer windows. The lower floor, a large and 
cheerless room, was fitted up for the House, whilst the 
Council sat in a small chamber above, around a circular 
table; and, it is said, when the labors of the day were 
over the interesting game of w loo" at once succeeded. 
This venerable building was, during the time of the 
French occupancy of the country, prior to 1773, the 
headqnarters of the military commandant, and doubt- 
less, within its walls, many an arbitrary edict was 
framed, to be executed with all the severity attendant 
upon the administration of military law by a military 
man.'" 

The first constitution of this State provided that the 
seat of government should remain at Kaskaskia until 
the general assembly should otherwise direct. At the 
first session of the general assembly Congress was 
petitioned to grant to the State a quantity of land upon 
which to establish the seat of government, which point 
should remain the capital for not less than twenty years. 
The petition was granted, and a site was selected on 
the Kaskaskia river, and a town laid out which was 
christened "Vandalia." It the center of the square was 
erected the "State House," a plain two-story fr; 



M-W STA1 h Kul sK. 1^9 

building, oi rude architecture, set upon a rough stone 
foundation. The lower floor of the building was 
devoted to one plain room, devoid of all ornament, and 
a passage and stairwav to the upper storv, which con- 
tained the rooms, one for the Senate and one for the 
etary of State. The House of Representatives 
met in the large room on the first floor, and the Auditor 
and Treasurer occupied detached buildings. This 
building was erected in iSjo, but some years afterward. 
destroyed by fire. It was succeeded by a com- 
modious brick building, which is now occupied as their 
court house by the people of Fayette county. 

The twenty years having expired, there commenced 
an agitation for the removal of the capital. Springfield 
won the prize without much contest. The State made 
a large appropriation^ and the inhabitants of Springfield 
contributed liberally to the erection of a State House. 
She result is seen in the stone building on the square. 
When reared, it was the wonder of the country around, 
exceeding in style all other structures of every kind. 
The thought was scarcely entertained that the State 
would ever need a larger or more commodious building. 

The Xew State House is certainly grand and mag- 
nificent. As far a< completed, it is said that it is not 
excelled by any State House in the Union, although 
others have cost twice and three tim< *s the ^um that this 
has. The limit of appropriation allowed by the consti- 
tution has been reached, viz: $3,500,000, but it is far 
from being finished or furnished. To thoroughly finish 
and furnish the building and it- surroundings, according 
to the designs, will cost not less than a half million more. 
It will require a vote of the people to make any Anther 
appropriation, and under the restrictions of the constitu* 



I4O HISTORY OF THE 



tion no vote can be reached sooner than November, 
1878. 

The unfinished portions of the building pertain prin- 
cipally to the dome, the porticos, and the basement 
story. The outside grounds are also left to weeds, or as 
a public common. It is claimed that a large sum appro- 
priated for the construction of the building has n< 
sarily been diverted to defend lawsuits, ard to meet 
legislative investigations, and that it will not be an in- 
fringement of the constitution to appropriate a sum 
equivalent to the sum so diverted which may be used to 
fence the grounds, and to complete such portions of the 
building as may seem most pressing. 

Upon the whole, the people of Illinois are to be con- 
gratulated upon their New State House. Although it 
will seat more than originally designed, it is nowhere 
charged that the money appropriated has not been 
honestly and economically applied. It has been con- 
structed with comparatively few accidents either to life, 
limb or property. Two men have been killed, one by 
a fall from a scaffold of his own construction, of the in- 
sufficiency of which he was duly warned. He fell 
about twelve feet, striking his head on a stone, and died 
in about two hours. The other fell from a ladder which 
he was ascending with a bag of cement on bis shoulder. 
He missed his hold, fell backward about twelve feet, and 
was almost instantly killed. Both these men were 
laborers from Chicago. A most remarkable accident 
occurred to a brick layer. He fell ninety-six feet 
through a flue five by seven feet, and was not perma- 
nently injured, being confined to the house only about 
three weeks from the bruises and scratches which he 
received. Three men have had limbs broken; the acci- 



\ i.w m aii: 1101 si-:. 141 

dents general! v occurring from lack of caution by the 
parties injured. 

In the erection of the dome, on two or three occa- 
sion< large stones fell from above the level of the roof to 
the basement floor. One of these, weighing about foul 
tons, fell outside of the dome, and came crashing 
through floors, plaster and beams, at the north end of 
the south corridor. In one respect it was a fortunate 
accident. Xo one was hurt, and a foot or two variation 
from the place it fell would have increased the damage 
four or ten fold. As it was*, the damage did not exceed 
three hundred dollars* 

About the first of January, 1S75, Mr. A. H. Pique- 
nard, who has been associated with Mr. Cochrane, the 
supervising architect, became acting architect and 
superintendent. He was a man of eminent abilities in 
his profession, and this State House was the pride of his 
professional life. During the last year his health became 
impaired, and on the 19th of November, 1876, he died 
sincerely lamented by many friends. 

Mr. Piquenard was born and educated in France, and 
came to thi< country in 1848, settling with a French 
colony at Xauvoo in this State. He soon after went to 
Texas, from there to New Orleans, and afterward settled 
En St. Louis. When the war broke out he enlisted in 
the Union army and was made captain of engineers. 
He in connection with Mr. Cochrane, furnished the 
plan for a State House which was adopted by Iowa, and 
chosen architect of the building, which position he 
held at the time of hifl death. 

In ting man named \V. E. Bell became 

ciated with Mr. Piquenard asa student and assistant. 

Upon the death of Mr. P., Mr. Bell was given charge 

the construction, and is now superintendent He is 

— L2 



142 HISTORY OF THE 

entitled to much commendation for the ability which he 
displayed, and for the industry and integrity which has 
ever characterized his course during the eight years he 
has been connected with the erection of thebuilding. 

The state officers vacated the old State House and 
moved into the new building about the first of January, 
1876. The old building was immediately occupied by 
the county officers of Sangamon county, and the state 
has now no occupancy or interest in the old building. 
The convenience and capacity of the new State House 
in contrast with the old one, is like moving from a 
hovel to a palace. 

The Governor has a suit of four rooms, to-wit : 
Ante-room, reception room, secretary's room, and [ 
ernor's private room. The reception room, in its dec- 
orations, is the finest in the building. It is not 
furnished by reason of lack of funds. The Other 
rooms are neatly and appropriately furnished and are 
now occoupied. This suit of rooms is on the right 
hand of the main east entrance. The first door opens 
into the ante-room, thence to the secretary's room, 
thence to the governor's room. The second door in 
the corridor opens into the reception room, from w hich 
enterance is made to the secretary's room. 

On the left of the main east entrance are the rooms 
of the Secretary of State. The first door on the cor- 
ridor admits to the ante-room of the Secretary; the 
second door on the corridor admits to the public or 
business room of the State Department. The rooms of 
this department extend to and connect with two rooms 
which open out into the south corridor. One of these 
rooms is occupied as the State Library, and the other as 
a copying room. A winding stairway connects the 
upper rooms of the State Department with a number of 



SM-:w si a IK iioisfe. 143 

rooms immediately underneath in the basement story, 

which are also assigned to the Secretary of State, and 
are used for the storage of paper, stationery, documents, 

etc., and also for the shipping and receipt of State 
packages. 

The first door on the right of the north corridor, 
admits to the rooms of the Auditor of Public Accounts. 
This department also connects by stairway to the 
basement story. The rooms of the Auditor are large 
and convenient, with fire-proof vaults^ closets, etc., but 
are limited to three in number. 

On the left of the same corridor is the Agricultural 
Department. The first door admits to the office of the 
Secretary of the Agricultural Board. He has a suit 
of elegante rooms, adjoining which is a large hall de- 
signed as an Agricultural Museum. At present it is 
onlv occupied with rubbish. Hopes are expressed that 
it will not always be thus* 

The second door on the right of the north corridor 
opens into the Treasury Department. Ample facilities 
are afforded the people to draw all the money that their 
warrants call for, but they must keep on the outside of 
the counter. The private room of the State Treas 
urer is convenient to the public room, and also to the 
great vault in which is stored the money and securities 
held by the State. As an indication of the lack of con- 
fidence by the Treasurer in human nature we remark, 
incidentally, that he always keeps thedoor of his private 
room locked. 

The door opposite that of the Treasurer, on the easl 
side of the corridor, opens into the room occupied by 

the Secretary of the Board of Public Charities. 

The door on the east Side, at the extreme end of the 



144 insToin ui iiik new STATE holm.. 

south corridor, lends to the rooms of the Superinten- 
dent of Public Instruction. 

All the rooms on the west side of the south corridor, 
together with the rooms on the south side of the west 
corridor, are connected with the Supreme Court. The 
court room is finished with great splendor. 

The large room beyond the grand stairway, on the 
west corridor, is designed for use as the Law Library. 

The rooms on the north side of the west corridor are 
assigned to the Attorney-General. 

A stairway from the north corridor, and also a stair- 
way from the south corridor lead to the upper story 
where are located the Senate and Representative cham- 
bers, and some twenty or thirty rooms adjacent thereto 

for use of committees, officers, etc. The grand stairway 

is found in the west corridei '. 

The Senate chamber is in the north wing, and the 
Representative chamber is in the south wing of the 
building. Rooms have been assigned to the officers of 
the two houses, and to the various committees, and the 
doors neatly placarded. Roonb have also been set 
apart for the use of newspaper reporters and telegraph 
operators. The postoffices of the two branches of the 
general assembly are close at hand and conveniently 
arranged. There will also be found hat and cloak 
rooms, smoking rooms, etc. The building is com- 
fortably warmed by means of both hot air and steam, 
and a system of ventilation adopted in accordance with 
the most approved plans. The chandihers are lighted 
by means of electricity. 

The people are, and ought to be pleased with their 
new State House. It is a monument of the growth of 
our State and the enterprise of her citizens. Our Rep* 
resentatives should guard, protect and preserve it, as 
lords of their castle. 



RULES OF THE SENATE. 1 45 



RULES OF THE SENATE. 



1. A majority of the Senate shall constitute a quo- 
ruin, hut a smaller number may adjourn from day to day 
and compel the attendance of absent members. 

^. The Senate shall keep a journal of its proceedings, 
which shall he published. At the request of two mem- 
the yeas and nays shall he taken on any question, 
and entered upon the journal. 

3. Any two members of the Senate shall have liberty 
to dissent and protest, in respectful language, against any 
act <' 'ion which they may think injurious to the 
public or to any individual, and have the reason of their 

sent entered on the journal. 

4. The Senate may punish its members for disorderly 
behavior, and with the concurrence of three-fourths of all 
the meml cted, expel a member, but not a second 
time for the same cau<e; and the reason for such expul- 
sion -hall he entered upon the journal, with the names 
of the members voting on the question. 

5. The Senate, during it n, may punish, by 
imprisonment, any person, not a member, who shall be 
guilty of pect to the same, by any disorderly or 
conu • ior in their presence: Provided^ 
^uch imprisonment shall not, at any time, exceed twentv- 

e person shall persist in such disor- 
derly or contemptuou vior. 

6. The doors of the S ind of the committee of 
the v ill be kept open, except in such case<, as, in 
theopinion of the Senate, require secret 

idjourn without the consent 

te of Representatives for more than two days, 
— M 



146 RULES OF THE SENATE 



nor to any other place than that in which the two houses 
shall be sitting. 

8. On the final passage of all bills the vote shall he 
by yea> and nays, upon each bill separately, and shall be 
entered upon the journal, and no bill shall become a law 
without the concurrence of a majority of all the senators 
elect. 

9. Every bill shall be read at large on three differ- 
ent days, and the bill and all amendments shall be 
printed before the vote is taken on its final passage. 

I)r i iks of the President. 

10. The Lieutenant-Governor, or, in his absence, 
the President, pro tempore, or, in the absence of both, 
any Senator called to the chair by the Senate, shall take 
the chair every day precisely at the hour to which the 
Senate shall have adjourned; shall immediately call the 
members to older, and on the appearance of a quorum 
shall cause the journal of the pit ceding day to he read; 
and in all cases, in the absence of a quorum, the mem- 
bers may take such measures as shall be necessary to 
procure the attendance of absent members; and the 
President with the consent of the members present, or 
in the absence of the President and President, pro 
tempore, any Senator called to the chair, may adjourn 
from day to day until a quorum shall be present. 

11. The presiding officer shall preserve decorum and 
order; may speak to points of order, in preference to 
other members, rising from his seat for that purp 
and shall decide questions of order, subject to an appeal 
to the Senate by any two members; on which appeal 
no member shall speak more than once, unless by leave 
of the Senate. 

12. He shall rise to put a question, but may state it 
sitting. 

13. Questions shall be distinctly put in this form, 
viz: "As many as are of the opinion that — (as the case 
may be) say Aye," and, after the affirmative voice is 
expressed, "As many as are of a contrary opinion, say 
No." If the President doubt, or a division be called 
for, the Senate shall divide; those in the affirmative shall 
first rise from their seats, and afterwards those in' the 



RULES OF THE SENATE. 147 

negative. If the President still doubt, or a count be 
required, the President shall name two members — one 
from each side — to tell the members in the affirmative, 
which being reported, he shall then name two otheis — 
one trom each side — to tell those in the negative; which 
being also reported, he shall rise and state the division 
of the Senate. 

14. The President shall examine and correct the 
journal before it is read; he shall have a general direc- 
tion of the hall; he shall have a right to name any 
member to perform the duties of the chair, and such 
substitute shall be vested with all the powers of the 
President during the time he shall act as such, and shall 
not lose the right of voting on any question while so 
presiding. 

15. All committees shall be appointed by the Presi- 
dent, unless otherwise specially ordered by the Senate, 
in which case they shall be appointed by ballot; and if 
upon such ballot the number required shall not be 
elec*ed by a majority of the votes given, the Senate shall 
proceed to a second ballot, in which a plurality of the 

- shall prevail: and in case a greater number than is 
required to compose or complete a committee shall have 
an equal number of votes, the Senate shall proceed to 
further ballot or ballots. 

16. In case of any disturbance or disorderly conduct 
in a lobby or gallery, the President (or chairman of the 
committee of the whole Senate) shall have power to 
order the same to be cleared. 

17. The President shall assign to the Sergeant-nt- 
Arms and his assistants their respective duties and 
stations. 

lS. When any member is about to speak, or deliver 
any matter to the Senate, he shall rise from his seat and 
address himself to u Mr. President," and shall confine 
himself to the question on debate, and avoid personality. 

19. If any member in speaking, (or otherwise,) 
tram e rules of the Senate, the President shall, 

or any member may, call him to order; and in which 
the member so called to order rfhall immediately sit 
down, unless permitted to explain; and the Senate, if 
appealed to, shall decide on the case, without debate. 



T4S RULES OF THE SENATE. 

If the decision be in favor of the member called to 
order, he shall be at liberty to proceed; if otherwise! 

and the case require it, he shall be liable to the censure 
of the Senate. 

20. If a member be called to order for words spoken 
in debate, the person calling him to order shall repeal 
the words excepted to, and they shall be taken down at 
the Secretary's table, and no member shall be held to 
answer or be subject to the censure of the Senate for 
words spoken in debate, if any member lias spoken in 
debate or other business has intervened after the words 
spoken and before exceptions to them shad have been 
taken. 

21. When two or more members happen to rise at 

once, the President shall name the member who IS first 
to speak. 

22. No member shall speak more than twice to the 
same question, without leave of the Senate; nor more 
than once, until every member choosing to speak shall 
have spoken; nor longer than fifteen minutes, at any 
one time, without the consent of the Senate. 

23. While the President is putting any question, or 
addressing the Senate, no member shall walk out 
across the room; nor in such case, or when a number is 
speaking, shall entertain private discourse; nor when a 
member is speaking, slvill pass between him and the 
chair. 

24. Every member who shall be in the Senate when 
a question is put shall give his vote, unless the Senate 
shall, for special reasons, excuse him. 

25. No member shall be permitted to vote on any 
question unless within the bar before the vote is an- 
nounced. 

26. No motion shall be entertained and debated until 
the same shall he seconded. 

27. When a motion is made and seconded it shall be 
stated by the President, or being in writing, shall be 
handed to the Secretary, and read aloud before debate. 

28. Every motion shall be reduced to writing, if the 
President or any member desire it. 

29. When the yeas and nays shall be taken on any 



RULES OF THE SENATE. I49 

question, no member shall be permitted to vote after 
the decision is announced From the chair, unless by the 

unanimous consent of the Senate. 

30. After a motion i< stated by the President, or read 
by the Secretary, it shall be deemed in the possession of 
the Senate, but may be withdrawn at any time before 
decision or amendment. 

31. When a question is under debate no motion shall 
be received but to adjourn, to call the house, to lav on 
the table, the previous question, to postpone indefinitely, 
to postpone to a day certain, to commit or to amend; 
which several motions shall have precedence in the 
order they stand arranged. 

;:. A motion for adjournment shall always be in 
order, and be decided, as well as the motion to lay on 
the table, without debate. 

No motion to postpone to a day certain, or in- 
definitely, or to commit, being decided, shall again be 
allowed on the same day and at the same stage of the 
bill or proposition. 

;;. A motion to strike out the enacting words of a 
bill shall have precedence of a motion to amend, and, if 
carried, shall be deemed equivalent to its rejection. 

35. When a blank is to be rilled, and different sums or 
times are proposed, the question shall first be put on the 
largest sum and the longest time. 

Xo person shall be permitted to smoke in the 
Senate chamber, or to give any signs of approbation or 
ipprobation, while the Senate i> in session. 

ill be the duty of the secretary to keep a 

journal, in which he shall seasonably record the motions, 

utions, rules and decisions of the Senate; and to do 

and perform all such other acts appertaining to his office, 

tv be required of him by the Senate orit*> presiding 

officer. 

3S. It shall be the duty of the sergeant-at-arms to 
attend the Senate during its sittings, to execute the com- 
mands of the Senate from time to time, together with 
all ^uch pro ,ed by authority thereof, as shall be 

directed to him by the President. 

The following standing committees shall be ap- 
ited, with leave to report by bill or otherwise: 



RULES OF THE SENATE. 



i. Judiciary — Fifteen members. 

2. Judicial Department — Eleven members. 

3. Railroads — Fifteen members. 

4. Warehouses — Nine members. 

5. Finance — Nine members. 

6. Revenue — Thirteen members. 

7. Expenses of General Ass mbly — Seven oiemtx 

8. Municipalities — Eleven members. 

9. Insurance — Eleven members, 

10. Corporations — Nine members. 

11. Banks and Banking — Five member-. 

12. State Charitable and Educational Institutions — 

Thirteen members. 

13. Penal Institutions — Nine members. 

14. Reformatory Institutions— Seven members. 

15. Public Buildings and Grounds — Seven members. 

16. Education— El ven members. 

17. Canals and Rivers — Thirteen memlx 

18. Appropriations — Thirteen members. 

19. Agriculture and Drainage — Nine members. 

20. Horticulture — Seven members. 

21. Mines and Mining — Nine members. 

22. Manufactures — Seven members. 

23. Counties and Township Organization — Eleven 

members. 

24. Fees and Salaries — Nine members. 

25. Printing — Seven members. 

26. Military Affairs — Five members. 

27. Roads, Highways and Bridges — Nine member-. 
2$. Federal Relations — Seven members. 

29. Elections — Seven members. 

30. S'ate Library — Fiv* memb rs. 

31. Engrossing and Enrolling Bills — Five members. 

32. Geology and Science — Five members. 

33. Miscellany — Seven members. 

40. All resolutions presented to the Senate shall lie 
one day on the table, unless otherwise ordered. 

41. If the question in debate contains several points, 
any member may have the same divided; but on a 
motion to strike out and insert, it shall not be in order 
to move for a division of the question; but the rejection 
of a motion to strike out and insert one proposition shall 






RULES OF THE SENATE. Kl 



not prevent a motion to strike out and insert a different 
proposition nor prevent a subsequent motion to strike 
out and insert. 

42. The unfinished business in which tbc Senate was 
engaged at the last preceding adjournment shall have 
the preference in the special orders of the day, 

43. When a question has been once made and car- 
ried in the affirmative or negative, it shall be in order 
for a member of the majority to move a reconsideration 
thereof; but no motion for the reconsideration of any 
vote shall be in order after a bill, resolution, message, 
report, amendment, or motion upon which the vote was 
taken shall have gone out of the possession of the 
Senate; nor shall any motion for reconsideration be in 
order, unless within the next day of actual session of the 
Senate thereafter. Such motion shall take precedence 
of all other questions except a motion to adjourn. 

44. A bill may be referred to a committee without 
reading, but shall be read before amended, and may be 
amended in every particular on second reading. A bill 
read once and referred, shall be read a second time be- 
fore amended. 

4v No amendment shall be in order at the third 
reading of a bill, resolution or motion, requiring three 
readings, unless by unanimous consent of the members 
present; but it shall be at all times in order, before the 
final passage of such bill, resolution or motion, to move 
its commitment. 

46. No bill shall be printed, except it be ordered by 
a two-thirds vote, until it shall have been favorably re- 
ported upon by a committee; except upon application of 
the committee having the bill under consideration. 

^7. When motions are made for reference of the 
same subject to a select committee, and to a standing 
committee, the question in reference to a standing com- 
mittee shall be first put, 

48. Upon the call of the Senate, the names of Senu- 
shall be called over by the Secretary, and the ab- 
sentees noted, after which the names of such absentees 

shall again be called over; the doors shall then be closed, 

and those for whom no excuse, or insufficient excuses 
are made, may, by order cf those present, be taken into 



<5 2 



RULES OF THE SENATE. 



custody, as they appear, or may be sent for, and taken 
into custody, wherever to be found, by the sergeant- 
-at-arms of the Senate. 

49. No amendment, by way of rider, shall be re- 
ceived to any bill on its third reading. 

50. In forming a committee of the whole house, the 
President shall leave the chair, and a chairman to pre- 
side in committee shall be appointed by the President. 

51. Upon bills being committed to a committee of 
the whole house, the bill shall be first read throughout 
by the Secretary, and then again re&d and debated by 
clauses, leaving the preamble to be considered last. 
After report of said committee, the bill or motion shall 
again be subj Ct to debate or amendment before a ques- 
tion to engross is taken. Upon the second reading of a 
bill the same shall be considered by sectioi 

^2. When an emergency is expressed in the | 
amble or body of an act, a- 1 reason why Mich aet should 
take effect prior to the first day of July next after its 
passage, and when such aet contains a clause, or proviso, 

fixing such time prior to the first day of July, the ques- 
tion put shall be, "Shall the bill pass?" and if de> 
affirmatively b\- a vote of two-thirds of all the mem 
elected to the Senate, thai the bill shall be deemed 
passed; but if upon such vote a majority of less than 
two-thirds of said members vote affirmatively on 

question, then the VOte on -aid bill shall be deemed 
reconsidered, and the bill subject to amendment by 
striking out such part thereof a- expresses an emergency 
and time of taking effect, and then said bill shall be 
under consideration, upon its third reading, with the 
emergency clause and time of taking effect stricken out. 

53. The rules of parliamentary practice comprised in 
Cushing's Manual shall govern the Senate in all cases 
in which they are applicable, and not inconsistent with 
the standing rules and orders of the Senate 

54. A motion to commit, until it is decided, shall 
preclude all amendments and debate on the main cpies- 
tion; and a motion to postpone indefinitely, or to a day 
certain, until it is decided, shall preclude all amendments 
on the main question. 

55- Upon a motion to reconsider the vote on the 



RULES OF TITK SENATE. 153 

final passage of any bill, a majority of all the members 
elect shall be required to reconsider the same. 

56. If a bill shall fail to pass on account of not 
having received the constitutional majority, any Sena- 
tor having voted in the negative shall have a right to 
move a reconsideration. 

57. No motion or proposition on a subject different 
from that under consideration shall be admitted under 
color of am ndment. 

58. Xo rule of the Senate shall be altered, suspended, 
or rescinded, without the votes of two-thirds of the mem- 
bers present. 

59. No person, except members of the House of 
Representatives and their officers, heads of executive 
departments of this state, chaplains, judges of the United 
St; v*s courts, and supreme and circuit judges of this 
state, former governors and lieutenant governors of this 
state, and reporters for the press, shall be admitted 
within the bar of the Senate, unless by leave of the 
President of the Senate. 



60* Order of Business, 

1. The reading of the journal. 

2. The presentation of petitions. 

3. Reports from standing committees, 

4. Reports from select committees. 

5. Introduction of bills. 

6. Reading bills of the Senate the third time. 

7. Reading bills of the Senate the second time. 
S. Reading bills of the Senate the first time. 

9. Reading bills from the House of Representatives 
the third time. 

10. Reading bills from the House of Representatives 

the second time. 

1 1. Reading bills from the House of Representatives 

the first time. 

12. Messages from the House of Representative 

1 3. Presentation of resolutions. 

And when the Senate shall have passed from one 
order to another, no action shall be had upon the orders 

—Ma 



154 RULES OF THE SENATE. 

passed, except by leave of the Senate; and to give this 
leave^ two-thirds of the Senators present must concur. 

Of the Previous Question. 

61. The previous question shall be put in this form i 
"Shall the main question be now put?' 1 and until it is 
decided shall preclude all amendments or debate* 

62. When, on taking the previous qut stion, the 
Senate shall decide that the main question shall not now 
be put, the main question shall he considered as still 
remaining under debate. 

63. The effect of the main question being ordered 
shall be to put an end to all debate, and bring the Senate 
to a direct vote — first upon all amendments reported Of 
pending, being first applied to the amendment last 
moved, and then on the main question. 

64. After the motion for the previous question has 
prevailed, it shall not be in order t-> call the Senate prior 
to a decision of the main question. 

65. The Senate may at any time, by a majority vote, 
close all debate upon a pending amendment, or an 
amendment thereto, and cause the question to be put 
thereon, and this shall not preclude further amendment 
or debate upon the main subject. 

Of Executive Communications and Nomina- 
tions. 

66. Messages from the Governor :\nd communica- 
tions from state officers may be received at any time, 
except when the President is putting a question, or the 
ayes and noes are being called, and upon motion may be 
considered at any time. The consideration of execu- 
tive business shall take place with open doors, unless 
otherwise ordered by a majority of the senators present. 

67. If the Senate receive any nominations, the Presi- 
dent shall put the following qustion : " Does the Senate 
advise and consent to the nomination just made? " And 
the nomination may be referred to a standing or a select 
committee; and while any nomination remains with the 
Senate, it shall be in order to reconsider anv vote taken 
thereon. 






IULES OF THE HOUSE 155 



RULES OF THE HOUSE. 



DUTIES OF SPEAKER. 

1. He shall take the chair every day at precisely the 
hour to which the House shall have adjourned on the 
preceding day J shall immediately call the members to. 
order, and on the appearance of a quorum, shall cause 
the journal of the preceding day to be read. 

2. He shall preserve decorum and order; may speak 
to points of order in preference to other members, rising 
from his seat for that purpose; and shall decide questions 
of order, subject to an appeal to the House by any two 
members; on which appeal no member shall speak 
more than once, unless by leave of the House. 

3. He shall rise to put a question, but may state it 
sitting. 

4. Questions shall be distinctly put in this form, viz: 
u As riiariy as are of the opinion that (as the case may 
be) sav 'Avc , ; M and after the affirmative voice is ex- 
pressed: u As many as are of the contrary opinion, say 
'No.'" If the Speaker doubt, or a division be called 
for, the House shall divide: those in the affirmative shall 
first rise from their seats, and afterwards those in the 
negative. [f the Speakci still doubt, or a count be re- 
quired, the Speaker shall name two members — one from 
each side — to tell the members ill the affirmative; which 
being reported, he shall name two other members — one 
from each side — to tell those in the negative; which be- 
ing also reported, he shall rise and state the decision of 

the House. 

5. The Speaker shall examine and correct the jour- 
nal before it is read. He shall have a general direction 
of the hall. lie shall have the right to name any mem- 



156 RULES OF THE HOUSE. 



ber to perform the duties of the chair; but such substi- 
tution shall not extend beyond one day after an adjourn- 
ment. 

6. All committees shall be appointed by the Speaker, 
unless otherwise specially directed by the House. 

7. All acts, address* s and joint resolutions shall be 
Signed by the Speaker; and all writs, warrants and 
subpoenas, issuer! by order of the House, shall be under 
his hand and seal, and attested by the Clerk. 

8. In case of any disturbance or disorderly conduct 
in the lobby or gallery by the spectators, the Speaker 
or chairman of the committee of the whole house shall 
have power to order the lobby or gallery to be cleared. 

9. The Speaker shall vote in all cases; and if, alter 
be shall have voted, the House shall be equally divided, 
the question shall be decided in the negative. 

Order 01 lb si nbss. 

10. The following shall be the order of business of 
the House: 

1. The reading of the journal. 

2. Petitions. 

3. Reports from standing committees. 

4. Reports from select committees. 

5. Unfinished business and messages on Speaker's 

desk. 

6. Introduction of bills. (See rule //.) 

7. House bills on first reading. 

8. House bills on second reading. 

9. Consideration of bills by sections. 

10. House bills on third reading. 

11. Senate bills on first reading. 

12. Senate bills on second reading. 

13. Senate bills on third reading. 

14. Senate messages other than bills. 

15. Resolutions. 

Provided, however, that after the reading of the jour- 
nal each day the House shall proceed with the regular 
orders, commencing in the order upon which it was en- 
gaged at the time of the adjournment on the preceding 



RULES OF THE HOUSE. I57 

day, first disposing of the particular business of the 
order which may have been pending at adjournment; 
and as soon as the regular orders have been thus called 
through, the call shall be resumed, commencing with 
the first order and proceeding in the same manner. 

n. When the roll shall be called for the introduction 
of bills, each member may introduce two bills. Should 
the call not be completed on the day it is commenced, it 
shall be resumed the following day, commencing at the 
point where it was suspended on the previous day. 

12. General appropriation bills shall be in order in 
preference to any other bills, unless otherwise ordered. 

13. All questions relative to the priority of business 
to be acted on, shall be decided without debate. 

14. When a bill shall have been reported back to the 
House by a committee, with the recommendation that 
the same pass, it shall then be printed for the use of the 
House. But where the committee report that the bill 
do not pass, the same shall not be printed unless 
ordered by the House. 

15. The Clerk shall indorse on every bill the number 
thereof, the name of the member introducing it, the date 
of introduction, and the several orders taken thereon; 
and when printed, said several indorsements shall be 
printed at the head of the bill. 

16. After a bill has been read the first time the 
Speaker shall state that the bill is ready for commitment, 
or to be ordered to a second reading. 

17. After the consideration of a bill by sections, the 
Speaker shall state that the bill is ready to be engrossed 
for a third reading; and no bill shall be ordered to 
a third reading, or considered in committee of the 
whole, until three days after it shall have been printed 
and deposited in the postoffice boxes of the members. 
The Clerk shall, as soon as any bill is printed, place the 
same in the postoffice boxes of the members. All 
amendments to bills, except amendments by striking 
out, shall be printed when adopted, and shall be in like 
manner deposited in the postoffice boxes of the mem- 
bers one day before such amended bill shall be ordered 
to a third reading, or considered in the committee of the 
whole. 

—X 



158 RULES OF THE HOUSE. 



18. On the final passage of all hills, the vote shall be 
hy yeas and nays upon each bill separately, and shall he 
entered upon the journal. 

19. When an emergency is expressed in the preamble 
or body of an act, as a reason why such act should take 
effect prior to the first day of July next after its 

and when such act contains a clause or proviso fixing 
such time prior to the first day of July, the question put 
shall be "Shall the bill pass? and if decided affirmative- 
ly by a vote of two-thirds of all the members elected to 
this House, then the bill shall be deemed passed; and if 
upon such vote a majority of said members elected, but 

less than two-thirds thereof, vote affirmatively on 

question, then the vote on said bill shall be deemed re- 
considered, and the bill subject to amendment by 

striking out such part thereof as expresses an emergency 

and the time of taking effect, and then said bill shall be 
under consideration, upon its third leading, with the 
emergency clause and time of taking effect stricken out. 

20. Every bill shall be read at large on three dif- 
ferent days. 

Miscellaneous. 

21. No member shall vote on any question in the 
event of which he is immediately and particularly in- 
terested. 

22. Every member who shall be within the bar of 
House when a question is put, shall vote, unless the 
House shall excuse him. 

23. The yeas and nays shall be taken on any question 
upon the demand of five members. 

24. Upon a call of the House for the yeas and nays 
on any question, the names of the members shall be 
called in alphabetical order. 

25. No person shall visit or remain at the Clerk's 
table while the yeas and nays are being called. 

26. When a bill passes, it shall be certified by the 
Clerk, who, at the foot thereof, shall note the day it 
passes. 

27. Petitions, memorials and other papers addressed 
to the House may be presented by any member, who 



RULES OF THE HOUSE. 



*59 



shall state briefly to the House the contents thereof; 
which ma}' be received, read and referred, on the same 
day. 

28. In forming a committee of the whole House, 
the Speaker shall leave his chair, and a chairman to pre- 
side in the committee shall be appointed by the Speaker. 

29. All questions, except as provided in rules 30 and 
43, whether in the Committee of the Whole or in the 
House, shall be disposed of in the order which they 
are moved, except that in filling up blanks the largest 
sum and most remote day shall be first put. 

30. The rule of proceeding in the House shall be 
observed in committee, as far as may be applicable. 

31. A majority of any committee shall be a sufficient 
number to proceed to business- 

32. When a resolution shall be offered, or a motion 
to refer any subject, and different committees shall be 
proposed, the question shall be taken in the following 
order: the committee of the whole House, a standing 
committee, or a select committee- 

33. Every motion shall be reduced to writing, if the 
Speaker or any other member desire it. 

34. When a motion is made, it shall be stated by the 
Speaker, or, if it be in writing, it shall be read aloud 
by the Clerk, before debate thereon. 

35. After a motion is stated by the Speaker, or read 
by the Clerk, it shall be considered in possession of the 
House, but may be withdrawn at any time before de- 
cision or amendment, by leave of the House. 

36. Any member may call for a division of the ques- 
tion, when divisible; but a motion to strike out and in- 
sert shall be indivisible. 

37. When a question has been once put and carried 
in the affirmative or negative, it shall be in order for any 
member of the majority to move for the reconsideration 
thereof on the same or within the two next daj's of 
actual session of the House. 

3<S. Whenever any member is about to speak in de- 
bate, or deliver any matter to the House, he shall rise 
am! respectfully address himself to "Mr. Speaker,* and 
confine himself to the question under debate, and avoid 



l6o RULES OF THE HOUSE. 



personality; and no motion shall be considered in order 
unless made from the seat occupied by the member. 

39. When two or more members rise at once, the 
Speaker shall name the member who is to speak first. 

40. No member shall speak longer than thirty 
minutes at any one time, except by leave of the House. 

41. While the Speaker is putting a question or ad- 
dressing the House, or when a member is speaking, no 
person shall walk out of or across the room, or pass be- 
tween the member speaking and the Chair, or entertain 
private discourse. 

42. If any member, in speaking or otherwise, trans- 
gress the rules of the House, the Speaker shall, or any 
member may, call him to order; and the member called 
to order shall immediately sit down, unless permitted to 
explain; and the House, if appealed to, shall decide 
without debate. If the decision be in favor of the mem- 
ber called to order, he shall be at liberty to proceed; if 
against him, and the case require it, he shall be liable to 
a censure of the House. 

43. When a question is under debate, no motion 
shall be received but to adjourn, a call of the Hous< 

lie on the table, the previous question, to commit, to 
amend, to postpone to a day certain, to postpone in- 
definitely; which several motions shall have precedence 
in the order in which they are arranged; and no motion 
to postpone to a day certain, to commit, or to postpone 
indefinitely, being decided, shall be again allowed on the 
same day, and at the same stage of the bill or proposi- 
tion. 

44. A motion to strike out the enacting words of a 
bill shall have precedence of a motion to amend, and, if 
carried, shall be considered equivalent to its rejection. 

45. The previous question shall be in this form : 
"Shall the main question be now put? It shall only be 
admitted when demanded by a majority of the members 
present; and its effect shall be to put an end to all de- 
bate, and to bring the House to a direct vote, upon a 
motion to commit, if such motion shall have been made; 
and if this motion does not prevail, then upon amend- 
ments reported by a committee, if any; then upon pend- 
ing amendments, then upon the main question. But its 



RULES OF THE HOUSE. l6l 

only effect, if a motion to postpone is pending, shall be 
to bring the House to a vote upon such motion. When- 
ever the House shall refuse to order the main question, 
the consideration of the subject shall be resumed as 
though no motion for the previous question had been 
made. The House may also, at any time, on motion, 
seconded by a majority of the members present, close all 
debate upon a pending amendment, or an amendment 
thereto, and cause the question to be put thereon; and 
this shall not preclude any further amendment or debate 
upon the bill. A call of the House shall not be in order 
after the previous question is seconded, unless it shall ap- 
pear, upon an actual count by the Speaker, that no quo- 
rum is present. 

46. A motion for commitment, until it shall be de- 
cided, shall preclude all amendments to the main ques- 
tion. 

47. A motion to lay any particular proposition on 
the table shall apply to that proposition only. 

48. Xo motion or proposition, on a subject different 
from that under consideration, shall be admitted under 
color of amendment. 

49. No member shall name another member present 
in debate. 

50. The officers of the House shall be a Clerk and 
three assistants, a Reading Clerk (to be appointed by the 
Speaker), an Engrossing and Enrolling Clerk and two 
assistants, a Postmaster and one assistant, a Doorkeeper 
and two assistants, and such other officers as the House 
may determine; each of whom shall take an oath of 
office. 

51. Xo -moking shall be allowed in the hall, lobby 
and galleru 

52. The Doorkeeper shall provide thermometers, 
keep the hall properly ventilated, and the temperature 
thereof uniform. 

53. All motions, resolutions or propositions involv- 
ing expenditures of a contingent character lor the House, 
shall be referred, without debate, to the committee on 
contingent expenses, for their report thereon, before 
final action i^ taken. 

54. It shall be the duty of the Committee on En- 



l62 RULES OF THE HOUSE. 



grossed and Enrolled Bills to examine all engrossed and 
enrolled bills, correct any mistake therein, and report 
the bills to the House; and it shall be in order for it to 
report at any time. 

55. The rules of parliamentary practice comprised in 
Cushing's Manual shall govern the House in all cases to 
which they are applicable, and in which they are not 
inconsistent with the standing rules and orders of the 
House, or the joint rules of the Senate and House of 
Representative^. 

56. If a question he lost by adjournment of the 
House, and revived on the succeeding day, no member 
who has spoken on the preceding day shall he permit- 
ted to speak again on the same question without leave. 

57. Any two members shall have liberty to dissent 
from and protest in respectful language against any act 
or resolution which they shall think injurious to the 
public or any individual, and have the reasons of their 
dissent entered upon the journal. 

58. No member shall absent himself from the service 
of the House, unless he have leave, or be sick, or un- 
able to attend. Any fifteen members shall be author- 
ized to compel the attendance oi" absent members. 

59. The hour at which every motion to adjourn is 
made shall be entered on the journal. 

60. Ten o'clock in the morning shall be the standing 
hour to which the House shall adjourn, unless otherwise 
ordered. 

61. A motion to adjourn shall always be in order, 
and shall be decided without debate, and not subject to 
amendment. 

62. No person, other than members and officers of 
the House, members and officers of the Senate, the Gov- 
ernor and State officers and their secretaries, ex-State 
officers, the Judges of the Supreme Court, ex-members 
of Congress and members of Congress elect, members 
of the last Constitutional Convention of this State, and 
the reporters of the press, shall be entitled to remain upon 
the floor of this House without special permission. 

63. No rule shall be dispensed with, unless by the 
concurrence of two thirds of the members present, ex- 
cept as otherwise provided for; nor shall any rule be re- 



RULES OF THE HOUSE. 1 63 



scinded or changed without one (lav's notice being given 
of the motion thereof, but a new rule not in conflict 
With existing rules may be added, after such notice, by 
a majority vote. 

Standing Committees. 
64. The following standing committees shall be ap- 
pointed, with leave to report by bill or otherwise, to 
wit: 

1. Committee on Judiciary — seventeen members. 

2. Committee on Judicial Department — twenty-five 

members. 

3. Committee on Corporations — seventeen mem- 

bers. 

4. Committee on Railroads — seventeen members. 

5. Committee on Warehouses — seventeen members. 

6. Committee on Commerce — thirteen members. 

7. Committee on Finance — fifteen members. 

8. Committee on Mines and Mining — thirteen mem- 

bers. 

9. Committee on Fees and Salaries — thirteen mem- 

bers. 

10. Committee on Appropriations — fifteen members. 

11. Committee on Penitentiary — seventeen members. 

12. Committee on Municipal Affairs — seventeen 

members. 

13. Committee on Education — fifteen members. 

14. Committee on State Institutions —fifteen mem- 

ber^. 

15. Committee on Public Charities — fifteen members. 

16. Committee on Public Buildings and Grounds — 

fifteen members. 

17. Committee on Revenue — seventeen members. 



iS. Committee on Banks and Banking — thirteen 
membe 

19. Committee on Counties and Township Organi- 

zation — fifteen members. 

20. Committee on Agriculture — fifteen members. 

21. Committee on Horticulture — nine members. 

22. Committee on Manufactures — thirteen members. 

23. Committee on Canal and River Improvements — 

fifteen membe 



\6\ RULES OF THE HOUSE. 

24. Committee on Elections — eleven members. 

25. Committee on State and Municipal Indebtedness 

seventeen members. 

26. Committee on Insurance — thirteen members. 

27. Committee on Federal Relations — nine members. 

28. Committee on Claims — nine members. 

29. Committee on Militia — eleven members. 

30. Committee on Retrenchment — fifteen membe 

31. Committee on Geological Survey — nine mem- 

bers. 

32. Committee on Printing — eleven members. 

33. Committee on Roads, Highways and Bridges — 

fifteen members. 

34. Committee on Executive Department — nine mem- 

bers. 

35. Committee on Drainage — nine members. 

36. Committee on Contingent Expenses of the House 

— nine members. 

37. Committee on Rules (consisting of the Speaker 

and six members) — seven member-. 

38. Committee on Miscellaneous Subjects — seven 

members. 

39. Committee on Libraries — nine members. 

40. Committee on Engrossed and Enrolled Bills — 

seven members. 

41. Committee on Mileage — five members. 

42. Committee on Fish and Game — nine members. 



JOINT RULES, 1 6 



3 



JOINT RULES OF THE SENATE AND HOUSE. 



1. In every case of amendment of a bill agreed to 
in one house and dissented to in the other, if either 
house shall request a concurrence and appoint a com- 
mittee for that purpose, and the other house shall also 
appoint a committee to confer, such committee shall, at 
a convenient hour, to be agreed upon bj; their chairmen, 
meet at some convenient place, and state to each other 
verbally, or in writing, as either may choose, the reason 
of their respective houses for and against the amend- 
inent, and interchange propositions for modifications to 
meet the sense of the two houses, and confer freely 
thereon. 

2. When a message shall be sent from the Senate to 
the House of Representatives, it shall be announced at 
the door of the House by the doorkeeper, and shall be 
respectfully communicated to the chair by the person by 
whom it may be sent, 

3. The same ceremony shall be observed when 
messages are sent from the House of Representatives to 
the Senate. 

4. Messages shall be sent bv such persons as a sense 
of propriety in each house may determine to be proper. 

5. After each house shall have adhered to their disa- 
greement, a bill or resolution shall be lost. 

6. While bills are on their passage between the two 
bouses, the\- shall be under the signature of the Secre- 
tary or Clerk, (as the case may be,) respectively. 

After a bill has passed both houses it shall be 
enrolled before it is presented to the Governor. 

8. When bills are enrolled they shall be examined by 
a joint committee of two from the Senate and three 
Nj 



l66 JOINT RULES. 



from the House of Representatives, which joint com- 
mittee shall consist of members of the standing com- 
mittees on engrossed and enrolled bills of both houses, 
who shall carefully compare the enrolled bills with the 
engrossed bills so passed by both houses, correct any 
errors which may be discovered in the enrolled bills and 
make their report forthwith to their respective houses; 
the Secretary or Clerk having previously certified on the 
margin of the roll in which house it originated. 

9. After examination and report, each bill shall be 
signed in the respective houses, first by the vSpeaker of 
the House of Representatives, and then by the Presi- 
dent of the Senate. 

10. After a bill shall have been signed by the Presi- 
dent of the Senate and the Speaker of the House of 
Representatives, it shall be presented by said com- 
mittee to the Governor for his approbation. The said 
committee shall report the day ol presentation to the 
Governor, which time shall be carefully entered on the 
journal of each house. 

11. All resolutions and memorials which are to be 
presented to the Governor, shall be previously enrolled, 
examined, signed and presented by the committee, re- 
ported, and entry thereof made, as provided in case of 
bills. 

12. When a bill or resolution which shall have passed 
one house is rejected in the other, information thereof 
shall be given to the house in which the same shall have 
passed. 

13. When the consideration of any bill, memorial or 
resolution, which has originated in one house, shall be 
postponed in the other house to a day so distant that it 
w T ill not be taken up again at the present session, the 
house in which such bill, memorial or resolution shall 
have originated, shall be forthwith informed of such 
postponement. 

14. When a bill, memorial or resolution, which has 
passed one house, is rejected in the other, it shall not 
again be introduced during the same session, without a 
notice of three days, and leave of the house in which it 
shall be renewed. 



JOINT RULES. 167 



15. Each house shall transmit to the other all papers 
on which any bill or resolution shall be founded. 

16. All joint elections shall be in the hall of the 
House of Representatives, and the members shall vote 
viva voce, except where the constitution has provided 
otherwise; and when the election is by joint ballot, the 
the Speakei* shall appoint one member of each house as 
tellers; and in all cases a majority of votes given shall be 
requisite to constitute an election. 

17. When the two houses are acting together upon 
elections, or otherwise, questions of order shall be 
decided by the Speaker of the House, subject to an ap- 
peal to both houses, as though but one body was in 
session. A call of members of either house may be had 
in joint meeting by order of the house in which the call 
is desired. 

iS. Motions to postpone or adjourn shall be decided 
by a joint vote of both houses; and the yeas and nays 
upon such motions, if reqnired, shall be entered upon 
the journals of both houses. 

19. Upon questions arising requiring the separate 
decision of either house, the Senate shall withdraw until 
the decision is made: Provided, that a question upon 
motions for call of either house shall not come within 
the provisions of this rule. 

20. Each house shall have the liberty of ordering 
the printing of bills, messages and reports, without the 
consent of the other. 

21. That whenever any message, bill, report or 
document shall be ordered to be printed by the Senate 
or Hou^e, for the use of both houses, it shall be the duty 
of the Secretary of the Senate, or Clerk of the House, 

•nay be,) immediately to report the fact of 
the passage of said order to the other branch of the 
General Assembly, together with the number so ordered 
t<> be printed, in case it shall exceed the number ordered 
to be printed under the joint rules of both houses. 



1 68 



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SOUTH SIDE OF THE SQUARE, 
SPRINGFIELD, ILL, 

P. \Y. II A RT'S 

CHEAP 

BOOK I DRUG STORE, 

Where you can eret anything you may want in his line. 
SISSON'S BINDERS. 

A capita! thing- for Members of. the Legislature, just 
what they want. Also handsome 

LITHOGRAPH LETTER-HEADS, 
2j£T* for the General Assembly. Look at them. 
HOOKS. ALBUMS, CHROMOS, 

COMBS, BRUSHES. SOAPS, 
MEDICINES, PERFUMERY, HAIR OILS, 

KNIVES, scissors. TRUSSES, 
COPY BOOK-. 

PRESSES, 

INITIAL PAPER, 
MOOI. BOOKS, SLATES, PENCILS, 

i.i' .. bt< .. a r< . 

SOUTH SIDE <>!< ////£ SQUARE, 

directly opposite South Gate of the old State House, 
■ new Court House. 



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